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Thread: NPS and the Yukon Charlie AGAIN!

  1. #1

    Default NPS and the Yukon Charlie AGAIN!

    JOHN STURGEON, ))Plaintiff, )))vs. )) Case No. A-11-_______ CVSUE MASICA, GREG DUDGEON, )ANDEE SEARS, NATIONAL PARK )SERVICE, KEN SALAZAR, UNITED )
    COMPLAINT FOR


    STATES DEPARTMENT OF INTERIOR


    Case 3:11-cv-00183-HRH Document 1 Filed 09/14/11 Page
    I am unable to attach the full complaint, however the State of Alaska has also picked up Johns case.
    squab (probably of Scandinavian descent; skvabb, meaning "loose, fat flesh") is a young domestic pigeon or its meat

  2. #2

    Default

    NATURE OF THE LAWSUIT
    16. Plaintiff has been using his small personal hovercraft to hunt moose bothwithin the boundaries of the Yukon-Charley Rivers National Preserve (the “Yukon-
    Case 3:11-cv-00183-HRH Document 1 Filed 09/14/11 Page 3 of 21
    COMPLAINT
    Sturgeon v. Masica, et al.
    , No. A-11-______ CV Page 4 of 21
    Charley”) and upriver from the park boundaries since 1990. The Yukon and NationRivers are navigable waterways, and as such, belong to the State of Alaska. Nonetheless,defendants have asserted the right to enforce NPS regulations on the portions of theYukon and Nation Rivers within the boundaries of the Yukon-Charley (including theNPS regulation barring the use of hovercrafts), and have further asserted the right toenforce NPS regulations on all navigable waterways belonging to the State of Alaska thatlie within NPS conservation system unit boundaries. Accordingly, defendants havethreatened plaintiff with criminal penalties if he operates his hovercraft on navigablewaters belonging to the State of Alaska that fall within the boundaries of the Yukon-Charley.17. Defendants’ attempts to enforce NPS regulations on navigable waterwaysbelonging to the State of Alaska within the Yukon-Charley are contrary to federal law.When Congress enacted the Alaska National Interest Lands Conservation Act(“ANILCA”), it made clear in the text of the statute that for lands placed within NPSboundaries created or expanded by ANILCA, NPS regulations solely applicable to publiclands within federal conservation system units would not apply to lands that belonged to
    the State of Alaska. For over fifteen years after ANILCA was enacted, the NPS abided
    should get the jist of if from this.
    squab (probably of Scandinavian descent; skvabb, meaning "loose, fat flesh") is a young domestic pigeon or its meat

  3. #3
    Member bushrat's Avatar
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    I've got the whole file but am over bandwidth on uploads to the site, isn't going through.

    Anyway, glad John pursued this, many of us wanted him to, and the case looks solid to me. Big thanks to John for putting his hard earned money into challenging this. Also something to keep in mind, this isn't something (no hovercraft) a lot of the YUCH staff support from what I've seen. Rangers didn't feel too good about it, also want to commend John for being respectful with them and in his dealings with them. That is sure gonna help I think to show how he went about all this.

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