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Full-Text Articles in Law
Organized Village Of Kake V. United States Department Of Agriculture, Maresa A. Jenson
Organized Village Of Kake V. United States Department Of Agriculture, Maresa A. Jenson
Public Land & Resources Law Review
In an en banc rehearing, the Ninth Circuit, in Organized Village of Kake v. United States Department of Agriculture, determined that the Roadless Rule should apply to the largest National Forest, the Alaskan Tongass. The significant socioeconomic impacts on Southeast Alaska contrasted with important environmental roadless values make the management of the Tongass National Forest unique and controversial. The Ninth Circuit concluded that Alaska, an intervener, had standing to appeal and that the 2003 Tongass Exception to the Roadless Rule was arbitrary and capricious.
Big Lagoon Rancheria V. State Of California, Wesley J. Furlong
Big Lagoon Rancheria V. State Of California, Wesley J. Furlong
Public Land & Resources Law Review
The Ninth Circuit’s en banc opinion in Big Lagoon Rancheria v. California is, thus far, perhaps the most important Indian law decision in 2015. Rejecting its three-judge panel’s opinion, the Ninth Circuit, en banc, affirmed the importance of defending tribal sovereignty against invidious state actions. The court denounced California’s use of Carcieri to de-recognize the Big Lagoon Rancheria and rescind the trust status of its land, characterizing it as “a belated collateral attack” on the Tribe and an “end-run” around the APA.