Native Village of Eyak v. Blank

688 F.3d 619 (2012)

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Native Village of Eyak v. Blank

United States Court of Appeals for the Ninth Circuit
688 F.3d 619 (2012)

AR

Facts

The Alaskan Native Village of Eyak (plaintiff) claimed that it possessed nonexclusive aboriginal hunting and fishing rights in the areas of the Outer Continental Shelf it traditionally used. The village sued, and the district court dismissed the case due to federal paramountcy. Under the paramountcy doctrine, the United States government had paramount interest in ocean waters and submerged lands below the low-water mark. The village appealed, arguing that even if the paramountcy doctrine applied, the village still had co-existent aboriginal rights.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Fletcher, J.)

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