United States Ninth Circuit

In an action challenging National Park Service (NPS) enforcement of a regulation banning the operation of hovercrafts on the Nation River, the State of Alaska intervened, challenging NPS’s authority to require its researchers to obtain a permit before engaging in studies of chum and sockeye salmon on the Alagnak River. Summary judgment in favor of defendants is affirmed, and judgment against plaintiff-intervenor State of Alaska is vacated, where: 1) plaintiff Alaska lacked standing to challenge NPS regulations; and 2) given its general applicability, section 103(c) of the Alaska National Interest Lands Conservation Act could be enforced on both public and nonpublic lands alike within conservation system units.

Appellate Information

• Decided 10/06/2014
• Published 10/06/2014

Judges

• Nguyen

Court

• United States Ninth Circuit

Counsel