Legal Opinion · Dissent

Bay View, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided December 3, 2001No. 00-5097Published

1DissentPauline Newman, Circuit Judge

By legislation enacted in 1995, the United States removed from the Alaskan Native Villages their entitlement to share with the Regional Corporations in the full value received for sale of Alaskan Native timber resources. The legislation removed from this statutory sharing obligation the revenues generated by sale of the timber below its initial cost valuation. This targeted legislative removal from the Native Villages of their existing entitlement to share in the revenues already received, attributable to and directly related to the timber resources in transactions long completed, raises a…

2Cases cited8 opinions

  1. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  2. Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
  3. United States v. Security Industrial BankSupreme Court of the United States · 1982
  4. Alaska v. Native Village of Venetie Tribal GovernmentSupreme Court of the United States · 1998
  5. Chugach Natives, Inc. v. Doyon, Ltd.Court of Appeals for the Ninth Circuit · 1978

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