Case Details

Issues

And May Waive The State’s 11th Amendment Immunity., By Filing The Motion To Intervene, Is Seeking To Protect The State’s Interests, The Attorney General, Within His Statutory Authority

Filing State

AK

Court

U.S. District Court for the District of the District of Columbia

Year

2008
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Citation

Akiachak Native Community, et al. v. Department of the Interior, 584 F.Supp.2d 1 (D.D.C. 2008)

Resolution

The court examined the powers and duties of the Alaska Attorney General. Alaska statutes provide “[t]he Attorney General shall … represent the state in all civil actions in which the state is a party … [and] perform all other duties as required by law or which usually pertain to the office of attorney general in a state.” This being said, it was ruled that the Attorney General may waive 11th amendment immunity to defend the case.

Case Description

The state of Alaska, through its Attorney General, sought to intervene as of right (under Federal Rule 24(a)) in a case brought by four federally-recognized Indian tribes against the United States and the Secretary of the Interior. The case challenged the validity of a regulatory bar prohibiting the Secretary from acquiring land located in Alaska into trust status for most federally-recognized Indian tribes.

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