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In February of 2017 however, Congress passed and President Trump signed H.R.J. Res 69 into law, which rescinded the DOI limits on predator hunting, and further preventing them from promoting a similar rule in the future.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

DNR Advises
DNR Advises

Tips for Waterfowl Hunters to Safeguard Against Bird Flu

The Michigan Department of Natural Resources (DNR) has issued a reminder for waterfowl hunters that applies throughout the nation. Following a few simple step can protect yourself and domestic animals from highly pathogenic avian influenza (HPAI), which is commonly known as bird flu.

EchoCore Suppressors Win Awards, Sign with Silencer Shop

In its first year of public evaluation, EchoCore Suppressors made an immediate impact at the 2025 Silencer Summit, taking first and second place in the 5.56mm category with its Sector 5.56 Full Size and Sector 5.56 Compact suppressors. On the heels of this, EchoCore has signed an exclusive distributorship agreement with Silencer Shop. 

New to the Flyway: Waterfowl Gear Roundup

Check out our roundup of the best of this season's waterfowl gear.

Chevron Commits $450,000 Wetland and Mottled Duck Conservation

Chevron recently continued its commitment to restoring and enhancing critical wetlands along the Louisiana coast by partnering with Ducks Unlimited (DU) to enhance private lands for waterfowl and other wildlife through the Louisiana Mottled Duck Project and the USA Rice-DU Rice Stewardship Partnership.

Behind the Scenes: Hard Truths of Conservation

Hard Truths tackles misconceptions about hunting and conservation, but these ambitious goals require filming in tough conditions and in remote areas alongside some of the world’s most dangerous wildlife.

Re-Introducing the Ruger 10/22

Based on extensive consumer feedback, Ruger has upgraded the 10/22 rifle line with enhanced features previously found only in select configurations.

Interests



Get the best of American Hunter delivered to your inbox.