Sturgeon v. Frost
Issues
Is the National Park Service’s authority to exercise regulatory control over non-public lands located within the National Park System limited by Section 103(c) of the Alaska National Interest Lands Conservation Act of 1980?
The Supreme Court will decide the extent to which the National Park Service (“NPS”) has the authority to regulate non-federal lands located within federal conservation system units (“CSUs”) under Section 103(c) of the Alaska National Interest Lands Conservation Act (“ANILCA”). See Brief for the Petitioner, John Sturgeon at 17. Petitioner John Sturgeon argues that Section 103(c) of ANILCA extends regulatory power to NPS only over public lands within the boundaries of CSUs and that lands and waters owned by the State, a Native Corporation, or a private party will not be subjected to such regulations. See id. Conversely, Respondent Bert Frost maintains that the contested navigable waters do not fall in the carve-out identified by Section 103(c) and that NPS has the authority to regulate such territory in the pursuit of federal interests. See Brief for the Respondent, Bert Frost at 25. The Supreme Court’s decision will impact the extent of Alaska’s control over resources within the state. See Brief for the Petitioner at 17.
Questions as Framed for the Court by the Parties
Does Section 103(c) of the Alaska National Interest Lands Conservation Act of 1980 prohibit the National Park Service from exercising regulatory control over State, Native Corporation, and private Alaska land physically located within the boundaries of the National Park System?
In September 2007, John Sturgeon was operating a state-registered hovercraft to access moose-hunting grounds surrounding the Nation River in the Yukon-Charley National Preserve in Alaska. Sturgeon v. Masica, 768 F.3d 1066, 1070 (9th Cir.
Edited by
Additional Resources
- Ethan Blevins, Supreme Court Will Decide the Reach of Federal Control Over Alaska, Pacific Legal Foundation (Nov. 24, 2015).
- Garrett Epps, A Constitutional Right to Hovercraft?, The Atlantic (Oct. 25, 2015).