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Tribal Village of Akutan v. Hodel

ELR Citation: 16 ELR 20740
Nos. Nos. 86-3512 et al., 792 F.2d 1376/(9th Cir., 07/01/1986) Aff'd

Affirming the district court injunction, 16 ELR 20245, the court rules that the notice and hearing provisions of Alaska National Interest Lands Conservation Act (ANILCA) §810(a) are triggered if an agency determines that a proposed action may significantly restrict subsistence uses. The court, finding that its decision in People of the Village of Gambell v. Hodel, 16 ELR 20562, governs this case, holds that even though the Secretary of the Interior determined that it was unlikely that Lease Sale 92 in the Aleutian Basin would have a significant impact on subsistence uses, the Secretary must still comply with the notice and hearing requirements before proceeding with the lease sale.

Counsel for Defendants-Appellants
Peter R. Steenland, Jacques B. Gelin
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2748

Counsel for Plaintiffs-Appellees
Carol H. Daniel, Heather H. Grahame
Alaska Legal Services Corp.
550 W. 8th Ave., Ste. 300, Anchorage AK 99501
(907) 272-9431

Eric Smith
Trustees for Alaska
725 Christensen Dr., Ste. 4, Anchorage AK 99501
(907) 276-4244

Laura L. Davis, Ass't Attorney General
State of Alaska, Department of Law
P.O. Box K, State Capitol, Juneau AK 99811
(907) 465-3600