United States v. Joseph E. Vogler v. Northern Alaska Environmental Center Sierra Club, Alaska Chapter the Wilderness Society, Plaintiff-Intervenors

ORDER

The request for publication of the memorandum disposition filed July 29, 1988 is granted. Accordingly, pursuant to Circuit filed as the decision of the court.

OPINION

NATURE OF THE CASE

Vogler appeals the district court’s grant of partial summary judgment in favor of the government. The district court granted a permanent injunction prohibiting Vo-gler from operating off-road vehicles in Alaska’s Yukon-Charley Rivers National Preserve without first obtaining an access permit. In addition, the injunction prohibited Vogler from conducting placer mining operations within the Preserve without submitting and obtaining approval of a mining operations plan.

On appeal, Vogler argues that (1) the government has no power to create National Parks and no power to regulate his access and mining of claims within the park; (2) the government has no power to regulate his use of the park’s trail because the trail is an established right of way under R.S. 2477; (3) the government’s regulations amount to an unconstitutional taking in violation of the fifth amendment; and (4) the government’s regulations violate Articles 73 and 74 of the United Nations Charter. We have jurisdiction pursuant…