What others say: Alaskans should hope Supreme Court sides with John Sturgeon

  • Friday, June 29, 2018 9:08am
  • Opinion

The case of John Sturgeon v. the National Park Service is returning to the U.S. Supreme Court, and that’s exceptionally good news.

However the high court ultimately rules, this case is in need of resolution.

It is hoped, of course, that Mr. Sturgeon prevails and that the justices cement the ability of Alaskans to travel freely on navigable waterways that pass through federal conservation areas. That’s the central issue here.

The case has national significance, as Mr. Sturgeon’s court filing states, which perhaps is one reason the Supreme Court agreed to again take the case.

Here is the issue presented to the court:

“Whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over State, Native Corporation and private land physically located within the boundaries of the National Park System in Alaska.”

And here is how Mr. Sturgeon and his team argue, strongly, how the action of the National Park Service in this case — and the favorable ruling the agency received in this matter from the 9th U.S. Circuit Court of Appeals — harms not only Alaska but also potentially many other Western states.

“By holding that the United States has a title interest in all Alaska waterways located within federal Conservation System Units (CSUs), the 9th Circuit has placed a significant percentage of Alaska’s vast navigable waters in federal receivership. NPS now has nearly limitless power over these nonfederal waters. And, because reserved water rights apply to all waters appurtenant to federal land, waters far outside CSUs could now be transformed into public lands too. …

“If the 9th Circuit’s ruling stands, the United States may claim it has reserved water rights in any standing water, wetland, or groundwater throughout the West, converting them into public lands subject to plenary federal control, all without paying compensation. This is an urgent issue of state sovereignty.”

It most certainly is an urgent matter of state sovereignty.

The Supreme Court gave Mr. Sturgeon a partial victory in March 2016, when it ruled unanimously that the 9th Circuit made a convoluted interpretation of the Act when it ruled against Mr. Sturgeon and the use of his hovercraft on the Nation River in Interior Alaska. The 9th Circuit judges ruled that the Park Service’s nationwide prohibition on the use of hovercraft in its conservation units applied to Alaska despite provisions contained in the Act.

The high court, however, didn’t rule on the central question of whom has authority. It sent the case back to the 9th Circuit for reconsideration, which eventually resulted in the same unfavorable outcome for Mr. Sturgeon.

So now the case is back in front of the Supreme Court for what we hope is a clear and final determination that it is the state, and not the federal government, that has management authority over waters in the 104 million aces in Alaska that Congress set aside for preservation in 1980 when it approved the Act.

This is an important case of states’ rights and limiting federal authority. Mr. Sturgeon, whose case is supported by the state of Alaska, deserves all the support he can get.

—Fairbanks Daily News-Miner, June 23, 2018

More in Opinion

Heidi Drygas, executive director of the 8,000-member Alaska State Employees Association, addresses a rally outside the Alaska State Capitol on Feb. 10, 2023. (Mark Sabbatini / Juneau Empire File)
Let’s stop the ‘Neglect. Panic. Repeat.’ cycle of public service delivery

The payroll section is one of several state agencies in crisis

This photo shows Alaska Department of Public Safety Commissioner Jim Cockrell. (Courtesy photo / Office of Gov. Mike Dunleavy)
Strengthening Alaska through service: Join the Alaska State Troopers

The law enforcement positions within the Department of Public Safety fill a critical need within our community

A tabletop voting booth is seen next to a ballot box at the Kenai city clerk’s office on Monday, Sept. 20, 2021, in Kenai, Alaska. (Peninsula Clarion file)
Opinion: Last call to voice your vote!

We will see you at the polls Oct. 3

LaDawn Druce asks Sen. Jesse Bjorkman a question during a town hall event on Saturday, Feb. 25, 2023, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Opinion: Addressing Kenai Peninsula’s education and public safety employee shortage

Many of our best and brightest educators take a hard and close look at the teacher’s retirement system in Alaska early in their careers and are stunned

Deven Mitchell, executive director of the Alaska Permanent Fund Corporation (Courtesy photo)
Opinion: Providing for generations of Alaskans

As a public endowment, the wealth of the Fund is the responsibility of every resident of the state

U.S. Sens. Lisa Murkowski and Mitt Romney greet each other outside the chamber at the U.S. Capitol on April 5, 2022. (J. Scott Applewhite / AP file photo)
Opinion: Alaska’s senators and Mitt Romney

When newly elected Sen. Mitt Romney, R-Utah, began his term five years… Continue reading

UAA Provost Denise Runge photographed outside the Administration and Humanities Building.
Opinion: UAA offers affordable and convenient pathways that prepare students for the next step

At UAA, we provide numerous academic programs designed to meet specific workforce needs

A line of voters runs out the door of the Diamond Ridge Voting Precinct at the Homer Chamber of Commerce and Visitor Center on Election Day, Tuesday, Aug. 16, 2022, in Homer, Alaska. Chamber Executive Director Brad Anderson said he had never seen the amount of people coming through the polling place. (Photo by Michael Armstrong/Homer News)
How many ways can you vote?

Multiple ballot options available to voters

scales of justice (File photo)
Opinion: The Dubious Dunleavy Deal to use public dollars for personal legal costs

In 2019, these regulation changes were ultimately abandoned without public notice

A 2022 voter information pamphlet rests on a desk in the Peninsula Clarion offices on Wednesday, Jan. 18, 2023, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Where to find voter pamphlets

Be educated about what you are voting on

Trustees and staff discuss management and investment of the Alaska Permanent Fund. (Courtesy Alaska Permanent Fund Corporation)
Providing Alaska-based opportunities for professional talent

Expanding our in-state presence by opening a satellite office in Anchorage has been part of the fund’s strategic plan for the past four years