United States Ninth Circuit
Native Village of Eyak v. Blank, 09-35881
In a suit by various Native Americans, claiming that the Commerce Secretary's regulations fail to account for their non-exclusive aboriginal hunting and fishing rights in the Outer Continental Shelf (OCS) in the Gulf of Alaska, without Congress's consent in violation of the federal common law and the Indian Non-Intercourse Act, district court's dismissal of the claims is affirmed, as the plaintiffs have failed to establish an entitlement to non-exclusive aboriginal rights on the OCS, and because they haven't established that right, it cannot be determined whether there is a conflict with the federal paramountcy doctrine.
Appellate Information
- Decided 07/31/2012
- Published 07/31/2012
Judges
Court
- United States Ninth Circuit