Attorney: Heather Kendall-Miller
Case Update
On June 10, 2006 the State of Alaska
brought suit challenging the Federal
Subsistence Board's customary and
traditional (C&T) use finding for
subsistence uses of moose by members
of the Chistochina Tribe. A positive C&T
finding entitles residents for a specific
community to the subsistence priority
under Title VIII of the Alaska National
Interest Lands Conservation Act, 16
U.S.C. ยง 3101, et seq. ("ANILCA").
Chistochina was granted intervention in
this action to protect its C&T status for
moose.
On June 27, 2007 the district court
entered an Order in favor of defendant
United States and Chistochina against
the State and upholding the Federal
Subsistence Boards customary and
traditional (C&T) use finding for
subsistence uses of moose by members
of the Chistochina Tribe. Appellate briefs
were completed and oral argument was
heard on August 4, 2008.
On September 23, 2008, the Ninth
Circuit rendered its decision affirming the
ruling of the District Court in
Chistochina's favor.
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