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Attorney: Heather
Kendall-Miller
Case Update
On January
5, 2005, the State of Alaska
filed a lawsuit in the District
of Columbia challenging the
final rule implementing the
mandate in the prior subsistence
case, John v. United States.
The prior case established
that the United States must
protect subsistence uses of
fisheries in navigable waters
where the United States possesses
a reserved water right. The
State challenges the Secretaries'
implementation of the mandate
by arguing that the reserved
waters doctrine requires a
quantification of waters necessary
to fulfill specific purposes.
On January 18, Katie John filed
a motion for limited intervention
for purposes of filing a motion
to dismiss for failure to join
an indispensable party. The
United States filed a motion
to transfer venue to Alaska
in February, 2005. Judge Collyer
entered an Order on July 9,
2005 transferring the case
to the District of Alaska.
The case was then consolidated
with John
v. Norton.
On May 17,
2007, the district court entered
an Order upholding the agency's
rule-making process identifying
navigable waters in Alaska
that fall within federal jurisdiction
for purposes of Title VIII's
subsistence priority.
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