United States Ninth Circuit

In a challenge to a Federal Subsistence Board (FSB) Customary and Traditional use determination (C & T determination) allowing the Chistochina community increased permission to harvest moose under the Alaska National Interest Lands Conservation Act, summary judgment for defendants is affirmed where: 1) the FSB's fact finding regarding the Chistochina's use of moose was supported by substantial evidence and took into account specific moose populations; 2) the C & T determination was not arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law under the APA.

Appellate Information

• Argued 08/05/2008
• Decided 09/23/2008
• Published 09/23/2008

Judges

• TASHIMA, Circuit Judge:, Before: D.W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael W. Sewright, Assistant Attorney General, Anchorage, AK, for the plaintiff-appellant., Douglas S. Burdin, Washington, D.C., for amici curiae Safari Club International, and Safari Club International Foundation., James H. Lister, Birch, Horton, Bittner & Cherot, Washington, D.C., for amicus curiae Kenai Sportfish Association.


• For Appellees:
  
• Ellen J. Durkee, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees., Heather Kendall, Native AmericanRights Fund, Anchorage, AK, for the defendants-intervenors-appellees.