AFN Responds to Supreme Court Denial of Review in United States v. Alaska

FOR IMMEDIATE RELEASE
January 12, 2026

Anchorage, AK — The Alaska Federation of Natives (AFN) expresses relief and gratitude today following the U.S. Supreme Court’s decision to deny the State of Alaska’s petition to review United States v. Alaska (No. 25-320). Today’s decision leaves intact the Ninth Circuit’s repeated affirmations of federal authority over rural subsistence priorities under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA), including the Katie John trilogy of cases—a victory for Alaska Native communities and all who value their traditional way of life.  In short, Alaska’s rural subsistence fishing priority will continue into the future as it has existed for the last 30 years since Katie John I was decided.

Today’s ruling solidifies a crucial precedent that safeguards the federal government’s ongoing power to manage subsistence fisheries and hunting priorities, particularly to protect rural Alaska residents, including Alaska Natives, from conflicting state actions. The Ninth Circuit in the United States v. Alaska case rejected the State’s argument that Congress intended the federal priority to fish to apply only to non-navigable waters, rather than to the navigable waters from which nearly all fish are actually harvested for subsistence.  The Court’s denial of review means that the Ninth Circuit decision is good law and that a meaningful rural subsistence priority to fish will continue to exist.  AFN stood shoulder to shoulder with the federal government and other tribal groups in defending this vital protection.

“Today’s decision is a huge victory, and it’s a relief to see the Court uphold the framework that prioritizes our subsistence rights,” said Gayla Hoseth, AFN Co-Chair. “This decision reinforces the resilience of our people, and we will continue to advocate for our subsistence rights and sustain our cultural and traditional practices.”

Joe Nelson, AFN Co-Chair, added, “This ‘win’ is more a ‘sigh of relief’ and reminder that we cannot take our way of life for granted. This decision should serve as a call to action to elect more lawmakers and appoint more judges who understand, appreciate, and practice our way of life.”

Ben Mallott, AFN President, commented, “We are deeply gratified by the Court’s decision not to disturb the robust protections that affirm federal subsistence priorities. This supports the continuity of our rural subsistence rights, which are integral to our cultures, economies, and food security, and affirms the long-standing Katie John line of cases that shape federal subsistence management.  We hope that this latest victory will be the final time we are called to defend our fundamental rights from legal attack by the State of Alaska.”

AFN recognizes the hard work and dedication of its partners in this effort – the Kuskokwim River Inter-Tribal Fish Commission, the Association of Village Council Presidents, and Ahtna, Inc. – and remains committed to working closely with its members and federal and state agencies to ensure that the management of subsistence resources continues in a way that respects both legal protections and the needs of Alaska Native communities across the state.

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