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AKIACHAK NATIVE COMMUNITY v. SALAZAR

Civil Action No. 06-969 (RC).

935 F.Supp.2d 195 (2013)

AKIACHAK NATIVE COMMUNITY, et al., Plaintiffs, v. Kenneth SALAZAR, Secretary of the Interior, et al., Defendants, and The State of Alaska, Intervenor.

United States District Court, District of Columbia.

March 31, 2013.

Attorney(s) appearing for the Case

Hollis L. Handler, Alaska Legal Services Corporation, Juneaau, AK, Richard A. Guest, Native American Rights Fund, Washington, DC, Heather Kendall Miller, Native American Rights Fund, Anchorage, AK, Andrew R. Harrington, Alaska Legal Services Corporation, Fairbanks, AK, for Plaintiffs.

Daniel G. Steele, United States Department of Justice, Washington, DC, for Defendants.

Elizabeth Jeanne Barry, J. Anne Nelson, State of Alaska Department of Law, Anchorage, AK, for Intervenor.

MEMORANDUM OPINION

RUDOLPH CONTRERAS, District Judge.

Four tribes of Alaska Natives and one individual Native brought this suit to challenge the Secretary of the Interior's decision to leave in place a regulation that treats Alaska Natives differently from other native peoples. The challenged regulation governs the taking of land into trust under Section 5 of the Indian Reorganization Act, 25 U.S.C. § 465; it provides that, with one exception, the regulatory...

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