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Attorney: Natalie Landreth
Case Update
In this case, five Chugach villages are suing the Secretary of Commerce seeking to establish aboriginal rights to their traditional-use areas on the Outer Continental Shelf of Alaska, in Cook Inlet and the Gulf of Alaska. A decision was rendered by the federal district court on September 25th, 2002, against the Chugach. NARF brought an appeal to the Ninth Circuit and oral argument was heard on August 13, 2003. On April 9, 2004, the Ninth Circuit issued an order for a hearing en banc to take place. On July 12, 2004, the Ninth Circuit en banc panel vacated the decision of the district court and remanded for determination of whether the tribes can establish aboriginal rights to the areas. In September 2004, the district court denied both 2001 summary judgment motions as moot and ordered that new motions for summary judgment be submitted by December 20, 2004. The Chugach chose not to file a Motion for Summary Judgment given the remaining fact disputes, but the government did submit one on December 20, 2004. After gathering updated evidence, the Chugach filed their Opposition on June 20, 2005. The government filed its reply on December 15, 2005, submitting with it a new expert witness and eleven exhibits. Given the new evidence submitted, the Chugach filed a sur-reply in March 2006. Oral argument on the motion for summary judgment was held on November 21, 2006, and summary judgment was denied shortly thereafter on December 4, 2006. Trial on whether these Tribes hold aboriginal rights to hunt and fish in federal waters was held in the second half of August and post-trial briefing is now underway. A decision as to whether the Plaintiffs hold aboriginal rights in federal ocean waters is expected in late 2009.
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