Northern Mariana Islands v. United States

399 F.3d 1057 Commonwealth of the NORTHERN MARIANA ISLANDS, Plaintiff-counter-claim-defendant-Appellant, v. UNITED STATES of America, Defendant-counter-claimant-Appellee. No. 03-16556. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 2, 2004. Filed February 24, 2005. James D. Livingstone, Assistant Attorney General, Saipan, MP, for the plaintiff-counter-claim-defendant/appellant. David C. Shilton, United States Department of Justice, Washington, DC, for the defendant-counter-claimant/appellee. Appeal from the United States District Court for the District of the Northern Mariana Islands, Alex R. Munson, Chief District Judge, Presiding. D.C. No. CV-99-00028-ARM. Before BEEZER, GRABER, and BYBEE, Circuit Judges. BEEZER, Circuit Judge. 1 This appeal addresses ownership rights to the submerged lands off the shores of the Commonwealth of the Northern Mariana Islands [hereinafter "CNMI" or "Commonwealth"]. The CNMI filed this quiet title action against the United States, requesting declaratory and injunctive relief to establish the CNMI as the owner of the submerged lands underlying the "internal," "archipelagic," and "territorial" waters adjacent to the…