State of Alaska v. Federal Subsistence Board (9th Cir. - June 2, 2025)

During COVID-19, it was more difficult for the Kake Tribe, which is located in rural Alaska, to get sufficient food to eat. So, pursuant to federal law, it applied to the Federal Subsistence Board -- an entity that I did not heretofore knew existed -- to hunt a couple of moose and some deer to eat.

After a public hearing in June of 2020, the Board said that was fine; the Tribe sent out some hunters, who found and killed two antlered bull moose and five male Sitka black-tailed deer; and the Tribe distributed the resulting meat to 135 families.

There you have it. Seemingly straightforward.

Except, of course, for the resulting lawsuit.

Which lasts way, way longer.

Alaska then sues the federal Board, saying that the hunt shouldn't have been allowed. The Tribe intervenes. Alaska loses in the district court. Alaska appeals to the Ninth Circuit. The Ninth Circuit partially reverses and remands. The district court on remand then finds again for the Board. Alaska files another appeal to the Ninth Circuit. And, on appeal, the Ninth Circuit now finds against Alaska (again), though also finds that the district court lacked jurisdiction in part.

That's a whole lot of litigation. Involving two taxpayer-funded entities: Alaska versus the United States government.

Over two moose and five deer. Who are already dead.

I can probably think of better uses of taxpayer funds. Especially since the hunt arose from a pandemic that -- knock on wood -- isn't going to happen again anytime soon.