Legal Opinion · Dissent
Tyonek Native Corp. v. Secretary of the Interior
Court of Appeals for the Ninth Circuit
Decided February 22, 1988No. 86-3827Published
1DissentFarris, Circuit Judge
The majority avoids the most difficult issue in this case by disingenuously discovering statutory clarity where in reality none exists. Congress did not expressly address the status of Mental Health Enabling Act land grants under the Statehood Act when it passed ANCSA, the Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601-1629a (1982), in 1971. Nor does a study of the legislative history yield a definitive answer as to the precise meaning of the phrase “under the Alaska Statehood Act” in 43 U.S.C. § 1610(a)(2). In such cases of statutory ambiguity, we are bound to accord substantial…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C.Supreme Court of the United States · 1984
- Cook Inlet Native Ass'n v. BowenCourt of Appeals for the Ninth Circuit · 1987
- WESTERN MEDICAL ENTERPRISES, INC., Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1986
- United States v. Atlantic Richfield Co.Court of Appeals for the Ninth Circuit · 1980
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