State of Alaska v. Federal Subsistence Board

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF ALASKA, 

Plaintiff-Appellant, v.

FEDERAL SUBSISTENCE BOARD;

MICHAEL FLEAGLE, Chairman, No. 07-35723 Federal Subsistence Board; DIRK KEMPTHORNE, Secretary of the  D.C. No.

CV 06-0107 HRH

Interior; ED SCHAFER, Secretary of the Department of Agriculture, OPINION Defendants-Appellees,

CHEESH-NA TRIBAL COUNCIL; LARRY

SINYON,

Defendant-Intervenors-Appellees.  Appeal from the United States District Court for the District of Alaska H. Russel Holland, District Judge, Presiding

Argued and Submitted August 5, 2008—Anchorage, Alaska

Filed September 23, 2008

Before: Dorothy W. Nelson, A. Wallace Tashima, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Tashima

13431 STATE OF ALASKA v. FEDERAL SUBSISTENCE BOARD 13435

COUNSEL

Michael W. Seawright, Assistant Attorney General, Anchor- age, Alaska, for the plaintiff-appellant.

Ellen J. Durkee, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees. 13436 STATE OF ALASKA v. FEDERAL SUBSISTENCE BOARD Heather…