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In February of 2017 however, Congress passed and President Trump signed H.R.J. Res 69 into law, which rescinded the DOI limits on predator hunting, and further preventing them from promoting a similar rule in the future.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

Ledemule Deer Foundation Delivers
Ledemule Deer Foundation Delivers

MDF Invested $48.3 Million for Conservation in 2025

The Mule Deer Foundation (MDF) mobilized a total of $48.3 million for mule deer and black-tailed deer in 2025, its second-best year on record. Across 153 projects in 17 states, MDF helped restore more than 537,000 acres of critical wildlife habitat, benefitted 129 deer herds and eliminated or converted 149 miles of hazardous fence to restore safe movement corridors for wildlife.

Behind the Bullet: .17 Mach 2

Ever heard of the .17 Mach 2? Go behind the scenes on this hot little rimfire round with resident ammo guru Phil Massaro.

Tuo Curates Specialized Turkey Hunting Collection

For the 2026 spring season, Tuo has architected a technical system specifically curated to meet the demands of turkey hunters. While engineered for maximum versatility, the Tuo ecosystem has developed a particular following in regions where the early season isn't defined by green leaves and lilac blooms, but by the high-contrast skeletal timber and grey-scale of the early spring woods.

New for 2026: Savage Model 110 Rimfire

Savage Arms has expanded its Model 110 family of rifles into the rimfire world. Long loved by generations of hunters, the classic Model 110 will now include a number of full size, .22 Long Rifle offerings, making up the new Model 110 RF line.

Snow Goose Science: Hunting Tips from the Pros

Want to drop more snow geese during conservation season? Check out these tips, straight from the pro guides at Central Missouri Wildlife.

New for 2026: Apex Ammunition 28-Gauge SmallTown Hunting TSS Turkey Blend

Apex Ammunition is now offering a 28-gauge load in its SmallTown Hunting Blend line of turkey ammunition.

Interests



Get the best of American Hunter delivered to your inbox.