Justia Alaska Supreme Court Opinion Summaries

Six tribal councils, joined by two other associations, filed an action against the State of Alaska, Department of Natural Resources (DNR) in the superior court seeking a declaratory judgment that the 2005 Bristol Bay Area Plan (BBAP, the Plan) was unlawful. DNR’s motion to dismiss under Civil Rule 12(b)(6) was denied and the superior court held that: (1) the BBAP is a regulation that must be promulgated under the Alaska Administrative Procedure Act (APA), and (2) Alaska Appellate Rule 602(a)(2) does not bar the Tribes’ claims. Upon review, the Supreme Court concluded that Appellate Rule 602(a)(2) did not bar the Tribe's claims and the that BBAP is not a regulation. View "Alaska Dept. of Natural Resources v. Nondalton Tribal Council" on Justia Law

Michael McCrary sued Ivanof Bay Village (Ivanof Bay) and its president, Edgar Shangin, under two contracts, alleging breaches of the implied covenants of good faith and fair dealing. The superior court dismissed the suit based on sovereign immunity. McCrary appealed the sovereign immunity ruling, arguing that even though the United States Department of Interior lists Ivanof Bay as a federally recognized Indian tribe, Ivanof Bay has not been formally designated as a federally recognized tribe. The Supreme Court previously concluded Alaska Native tribes recognized by Congress or the Executive Branch are sovereign under federal law, and McCrary did not demonstrate that conclusion should be overturned. The Court therefore affirmed the superior court's dismissal of McCrary's suit. View "McCrary v. Ivanof Bay Village" on Justia Law