NRA-Backed Lawsuit Prevails in Preserving Predator Hunting in Alaska

by
posted on January 3, 2020
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
bears-in-alaska.jpg
Your National Rifle Association (NRA) has scored a big win in Alaska, prevailing in helping to preserve predator hunting on the nearly 77 million acres of National Wildlife Refuge (NWR) land across the state. Serving as co-defendants alongside Safari Club International (SCI) and several others, your NRA played a vital role in defeating a lawsuit brought by the Center for Biological Diversity (CBD), in CBD versus Bernhardt.

The lawsuit goes back to August 2016 when, according to Associate Litigation Counsel for NRA-ILA Michael Jean, the U.S. Fish and Wildlife Service, under the U.S. Department of the Interior (DOI), promoted a rule to limit predator hunting on NWR in Alaska, a policy which ran contrary to the state's own directives. The law did still have to be submitted to Congress, however. At the time, the NRA Hunters' Leadership Forum reported, "not only did the Obama Administration’s blatant overreach counter America’s lauded state-based wildlife conservation practices. It was also at odds with Alaska’s constitutional mandate to manage its fish and wildlife under the principles of sustained yield. Just as important, the difference between Alaska and other states is that many Alaskans subsistence-hunt for survival.”

In February of 2017 however, Congress passed and President Trump signed H.R.J. Res 69 into law, which rescinded the DOI limits on predator hunting, and further preventing them from promoting a similar rule in the future. This spurred the CBD to challenge both H.R.J. Res 69 and the Congressional Review Act under the “Take Care” clause of the U.S. Constitution, which directs the Executive branch to take care and faithfully execute the law. The nucleus of CBD's argument was that, as Congress did not directly amend any substantive law, the DOI could not faithfully execute it. The lawsuit even went so far as to name current DOI Secretary David Bernhard as the defendant. 

In May 2018, U.S. District Judge Sharon L. Gleason dismissed the suit in its entirety, relying on arguments made by the NRA and SCI. CBD appealed, however, and the case moved on to the Ninth Circuit Court of Appeals. There it stayed until December 30th of last year, when a three-judge panel of the Ninth Circuit Court of Appeals affirmed the ruling dismissing all of CBD’s claims. 

According to Courthouse News Service, the judges “found that the Center for Biological Diversity failed to make a valid argument that Congress violated the constitutional balance of powers when it passed a 2017 joint resolution allowing certain hunting techniques to be reinstated throughout Alaska’s expansive wildlife refuge system.”

The article also noted, “Because Congress properly enacted the joint resolution, and therefore validly amended Interior’s authority to administer national wildlife refuges in Alaska, Congress did not prevent the president from exercising his constitutional duty to faithfully execute the laws.” Wrote U.S. Circuit Judge Sandra Segal Ikuta on behalf of the panel, “Indeed, the president now has the constitutional obligation to execute the joint resolution.”

For more information, check out contributor Brian McCombie's article on the same topic on the  NRA Hunters' Leadership Forum website

Latest

LEDE Randy Brooks
LEDE Randy Brooks

In Memoriam: Randy Brooks: 1949-2026

Randy Brooks, creator of the famous Barnes X Bullet and the 2016 NRA Golden Bullseye Pioneer Award winner, passed away peacefully on the morning of Aug. 27, 2026. The Brooks family believes Randy may have suffered a stroke. He had suffered mini-strokes in the past, and he was recently diagnosed with vascular dementia. He was 76.

Focus on the Conservation’s Future—Groundbreaking Lessons in Arkansas

True outdoor curriculum is being offered to thousands of students in Arkansas, thanks to rededicated efforts under the Arkansas Game and Fish Commission’s (AGFC) outdoor education partnership with the Arkansas Governor’s Office and Arkansas Department of Education.

How To: So You Want to Shoot a Moose!

Looking to DIY a moose hunt? It's a rewarding experience, but there are quite a few things you should know before you go. Here is a primer from someone who's been there.

New for 2026: ScentLok Women's Alpha Elite Jacket and Bib

Female hunters looking for extra-warm, late-season whitetail protection no longer must settle for oversized men's cuts. The ScentLok Women's Alpha Elite Jacket and Bib are officially shipping and available at retail, delivering a specialized fit for the dedicated late-season outdoorswoman.

Head to Head: The 9.3x62 vs. 9.3x74R

A battle of 9.3mms. While this particular caliber never really caught on here in the states, it may be time for this old safari favorite to find its way into a few more gunrooms. Check out more about them here.

RCBS Releases 7mm Backcountry Reloading Die

RCBS has announced the launch of its new 7mm Backcountry Die Set. Engineered specifically to meet the demands of reloading this high-performance cartridge, the RCBS 7mm Backcountry Die Set is a unique three-die system that includes a neck sizer die, expander die and bullet seater die. The set delivers enhanced control, consistency and accuracy when reloading 7mm BC and its patented Peak Alloy cartridge case.

Interests



Get the best of American Hunter delivered to your inbox.