State of Alaska DEPARTMENT OF FISH AND GAME, Plaintiff-Appellant,
v.
FEDERAL SUBSISTENCE BOARD; David Schmid, in his official capacity as the Regional Supervisor for the United States Forest Service; Sonny Perdue, in his official capacity as the United States Secretary of Agriculture; Gene Peltola, in his official capacity as Alaska Regional Director, Bureau of Indian Affairs; Gregory Siekaniec, in his official capacity as Alaska Regional Director, United States Fish and Wildlife Service; Chad Padgett, in his official capacity as State Director for Alaska, United States Bureau of Land Management; Don Striker, in his official capacity as Alaska Regional Supervisor, National Park Service; David Bernhardt, in his official capacity as the United States Secretary of the Interior; Anthony Christianson, in his official capacity as Chair of the Federal Subsistence Board; Charlie Brower, in his official capacity as Member of the Federal Subsistence Board; Rhonda Pitka, in her official capacity as Member of the Federal Subsistence Board, Defendants-Appellees, and
Organized Village of Kake, Intervenor-Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 9, 2022 San Francisco, California.
Filed March 14, 2023.
Attorney(s) appearing for the Case
Laura Wolf (argued) and Cheryl R. Brooking , Assistant Attorneys General, Office of the Alaska Attorney General, Anchorage, Alaska, for Plaintiff-Appellant.
James H. Lister and Brian V. Gerd , Birch Horton Bittner & Cherot PC, Washington, D.C., for Amicus Curiae Alaska Outdoor Council.
Before: Jacqueline H. Nguyen and Lucy H. Koh, Circuit Judges, and Stephen R. Bough, District Judge.
OPINION
BOUGH, District Judge:
In 2020, the Federal Subsistence Board ("FSB") approved two short-term changes to hunting practices on federal public lands in Alaska. First, the FSB opened an emergency hunt for Intervenor, the Organized Village of Kake ("Kake hunt"). Second, the FSB instituted a partial, temporary closure of public lands...
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