John Sturgeon v. Sue Masica

Good Law
768 F.3d 1066
United States Court of Appeals for the Ninth CircuitOctober 6, 201413-36165California6,647 words

Opinion

Opinion

Nguyen, J.

John Sturgeon (“Sturgeon”) challenges the National Park Service’s (“NPS”) enforcement of a regulation banning the operation of hovererafts on the Nation River, part of which falls within the Yukon-Charley Rivers National Preserve. The ban prevented Sturgeon from using his personal hovercraft on his moose hunting trips 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, part of which falls within the boundaries of the Katmai National Park and Preserve.

Sturgeon and Alaska present the same legal argument: § 103(c) of the Alaska National Interest Lands Conservation Act (“ANILCA”) precludes NPS from regulating activities on state-owned lands and navigable waters that fall within the boundaries of National Park System units in Alaska. The district court granted summary judgment in favor of the federal appellees. Because we find that Sturgeon’s interpretation of § 103(c) is foreclosed by the plain text of the statute, we affirm as to Sturgeon. We hold that Alaska lacks standing to bring this challenge, and thus vacate and remand…

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