No. 13-___ In the Supreme Court of the United States STATE OF ALASKA, Petitioner, v. SALLY JEWELL, SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, ET AL., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI MICHAEL C. GERAGHTY GREGORY G. GARRE Attorney General Counsel of Record MICHAEL G. MITCHELL KATHERINE I. TWOMEY Senior Assistant KATYA S. CRONIN Attorney General LATHAM & WATKINS LLP STATE OF ALASKA 555 11th Street, NW Department of Law Suite 1000 1031 W. 4th Avenue Washington, DC 20004 Suite 2000 (202) 637-2207 Anchorage, AK 99501
[email protected] Counsel for Petitioner i QUESTIONS PRESENTED The State of Alaska, like all States, enjoys the sovereign “right to control and regulate navigable streams within [her borders],” Coyle v. Smith, 221 U.S. 559, 573 (1911), and to manage fish and game along those waters, United States v. Alaska, 521 U.S. 1, 5-6 (1997). In the Alaska National Interest Lands Conservation Act (ANILCA), 16 U.S.C. § 3101 et seq., Congress gave rural Alaskans a priority over other residents for the “taking on public lands of fish and wildlife” for subsistence uses. Id. § 3114. “[P]ublic lands” are “[f]ederal lands”—i.e., “lands, waters, and interests therein”—“the title to which is in the United States.” Id. § 3102(1)-(3). Although the definition does not mention navigable waters, the Ninth Circuit adopted the government’s litigating position that ANILCA nevertheless covers any navigable waters in which the United States has an interest by virtue of the “reserved water rights doctrine.” In the decision below, the Ninth Circuit applied that framework to uphold a 1999 Rule that transfers from Alaska to the United States authority to control of fishing and hunting along waterways in over half of the State.