Alaska Native Class v. Exxon Corp.

Good Law
104 F.3d 1196
United States Court of Appeals for the Ninth CircuitJanuary 17, 1997No. 94-36007California1,168 words

Opinion

Lead Opinion

Schwarzer, J.

This is one of the numerous actions arising out of the 1989 grounding of the EXXON VALDEZ in Prince William Sound, Alaska, and the resulting massive oil spill. The action, which named Exxon Corporation and others as defendants (collectively referred to *1197 as “Exxon”), was originally filed in Alaska state court and was later removed. The complaint alleged a number of claims on behalf of a class of Alaska Natives (“the Class”); the Class consists of:

Amend. & Consol. Class Action Complaint at 19 (July 17, 1989). The class definition was later modified to exclude all Native villages and government entities, thereby limiting the claim to 3,455 individual Alaska Natives. The “subsistence way of life” allegedly harmed by the spill is:

Id. The complaint alleges injury to the “subsistence way of life, archaeological sites and artifacts ... natural resources and property upon which [plaintiffs] depend and/or which are part of their natural habitat and lives.” Id. at 40.

Exxon moved for summary judgment on all of the noneconomic claims asserted by the Class for injury to culture or to the subsistence way of life. The Class acknowledged that the motion was for judgment on the…

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