STURGEON v. FROST (2019)

United States Court of Appeals, Ninth Circuit.

John STURGEON, Plaintiff-Appellant, v. Herbert FROST, in his official capacity as Alaska Regional Director of the National Park Service; Greg Dudgeon; Andee Sears; David Bernhardt, Secretary of the Interior; David Vela, in his official capacity as Acting Director of the National Park Service; The National Park Service; The United States Department of the Interior, Defendants-Appellees.

No. 13-36165

Decided: November 01, 2019

Before: Jerome Farris, Dorothy W. Nelson, and Jacqueline H. Nguyen, Circuit Judges.

Matthew Todd Findley, Eva R. Gardner, Ashburn & Mason, P.C., Anchorage, AK, Douglas Pope, Pope & Katcher, Anchorage, AK, for Plaintiff - Appellant. Dean Keith Dunsmore, U.S. Department of Justice, Anchorage, AK, Vivian Wang, Natural Resources Defense Council, New York, NY, for Defendants - Appellees. James D. Linxwiler, Guess & Rudd P.C., Anchorage, AK, for Amici Curiae Ahtna, Inc., Aleut Corporation; Bristol Bay Native Corporation; Calista Corporation; Doyon, Limited; Nana Regional Corporation; Gana-A' Yoo, Limited; and Tihteet' Aii, Incorporated. Jeanie Anne Nelson, Ruth Botstein, Assistant Attorney Generals, AGAK - Office of the Alaska Attorney General, Anchorage, AK, Janell Hafner, Assistant Attorney General, AGAK - Office of the Alaska Attorney General, Juneau, AK, for Amicus Curiae State of Alaska. Riyaz A. Kanji, Senior Attorney, Kanji & Katzen, PLLC, Ann Arbor, MI, Heather Kendall-Miller, Matthew N. Newman, Native American Rights Fund, Anchorage, AK, Lloyd B. Miller, Sonosky, Chamgers, Sachse, Miller & Munson, Anchorage, AK, for Amici Curiae Chugachmiut, Nora David, Kenaitze Indian Tribe, Tanana Chiefs Conference, The Organized Village of Saxman, Village of Dot Lake. Robert T. Anderson, University of Washington, School of Law, Seattle, WA, Riyaz A. Kanji, Senior Attorney, Kanji & Katzen, PLLC, Ann Arbor, MI, Heather Kendall-Miller, Matthew N. Newman, Native American Rights Fund, Anchorage, AK, Lloyd B. Miller, Sonosky, Chamgers, Sachse, Miller & Munson, Anchorage, AK, for Amicus Curiae Mentasta Traditional Council. Katherine Grace Strong, Valerie L. Brown, Trustees for Alaska, Anchorage, AK, for Amicus Curiae National Parks Conservation Association. Katherine Grace Strong, Trustees for Alaska, Anchorage, AK, for Amici Curiae Alaska Quiet Rights Coalition, Alaska Wilderness League, American Rivers, Center for Biological Diversity, Copper Country Alliance, Defenders of Wildlife, Denali Citizens Council, Friends of Alaska National Wildlife Refuges, Northern Alaska Environmental Center, Sierra Club, The Wilderness Society, Inc., Wilderness Watch.

ORDER

Appellant John Sturgeon’s request for action is GRANTED. In light of the Supreme Court’s decision in Sturgeon v. Frost, ––– U.S. ––––, 139 S. Ct. 1066, 203 L.Ed.2d 453 (2019), the opinion of this Court dated October 2, 2017, 872 F.3d 927, is VACATED and judgment is entered REVERSING the district court’s judgment. We remand this case to the district court with directions to enter judgment in favor of Sturgeon consistent with the Supreme Court’s opinion.

REVERSED and REMANDED.

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