ENVIRONMENTAL LAW
United States Court of Appeals, Ninth Circuit (2022)
Kristiana Olson
In Safari Club International v. Haaland, 31 F.4th 1157 (9th Cir. 2022), the court held that the
Alaska National Interest Lands Conservation Act (ANILCA) preserves the federal government’s
authority over Alaska’s public lands. (Id. at 1165). In 2013, Alaska expanded access to brown bear
hunting. (Id. at 1166). The United States Fish and Wildlife Service (FWS) published the Kenai
Rule in 2016 blocking many of the extensions. (Id.). Safari Club International and the State of
Alaska sued the federal government, arguing that the Kenai Rule bans violated ANILCA and other
statutory authorities. (Id. at 1167). They asserted that Alaska has ultimate regulatory authority over
hunting laws on federal lands in Alaska. (Id. at 1165). The district court entered summary judgment
in favor of the federal government. (Id.). Affirming the judgment, the Ninth Circuit reasoned that
ANILCA and the Alaska Statehood Act did not restrict the authority of FWS to regulate state–
approved hunting on federal lands. (Id. at 1167). The court also clarified that Congress’ decision
to cancel a related FWS rule did not invalidate the Kenai Rule. (Id at 1169). Affirming the lower
court, the court held that the Alaska National Interest Lands Conservation Act (ANILCA)
preserves the federal government’s authority over Alaska’s public lands. (Id. at 1165).
