Attorney: Heather R. Kendall-Miller
Suit was brought on behalf of tribal organizations and communities who live a subsistence way of life to overturn a series of regulations adopted by the Alaska Board of Game in March of 2007. The regulations severely restrict, and in some cases eliminate plaintiffs’ subsistence uses of moose and caribou. In mid-June plaintiffs sought a preliminary injunction in state court requesting that the court enjoin the State from implementing these regulations for the fall hunt.
On July 20th , the court found that plaintiffs had shown that they satisfied the “balance of hardships” standard for granting preliminary injunction by raising serious and substantial questions going to the merits of the case and by demonstrating that the balance of hardships tip sharply in their favor. The State of Alaska has decided not to seek review of the court’s grant of preliminary relief. Briefing on the merits has been completed and the case is ripe for decision on the merits. On April 15, 2008, a decision was rendered granting plaintiffs relief in part and denying it in part. Ahtna has appealed that part of the opinion denying relief.