Village of Gambell v. Babbitt

999 F.2d 403
CourtCourt of Appeals for the Ninth Circuit
DecidedJuly 15, 1993
DocketNo. 92-35037
StatusPublished
Cited by35 cases

This text of 999 F.2d 403 (Village of Gambell v. Babbitt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village of Gambell v. Babbitt, 999 F.2d 403 (9th Cir. 1993).

Opinion

BRUNETTI, Circuit Judge:

This matter comes once again before this court on appeal from the district court’s grant of summary judgment in favor of the federal defendants and against the appellants Alaskan native villages. The matters in dispute in the instant appeal stem from this panel’s prior decision in People of Village of Gambell v. Hodel, 869 F.2d 1273 (9th Cir.1989) (Gambell III).

In Gambell III, we held (1) that the federal government’s paramount interests in the Outer Continental Shelf (OCS) did not extinguish the aboriginal rights of the villages, (2) that the United States government has asserted federal sovereignty over the OCS sufficient to compel recognition of aboriginal rights in the OCS, (3) that any claim that aboriginal rights are repugnant to principles of international law is too speculative for present resolution, and (4).that the provisions of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. § 1601 et seq. (1988), do not extend beyond the geographical boundaries of the state of Alaska, and thus do not extinguish aboriginal rights that may exist in the OCS. We reversed the district court’s grant of summary judgment in favor of the government, and remanded for the district court to decide three specific questions.

First, we directed the district court to decide “whether the Villages in fact possess aboriginal subsistence rights in the OCS,” second, “if the Villages do possess such rights, whether the drilling and other activities by the oil companies will interfere significantly with the Villages’ exercise of those rights,” and third, “whether OCSLA extinguishes aboriginal subsistence rights in the OCS as a matter of law.” 869 F.2d at 1280.1

On remand, the district court did not decide the three questions. Rather, it granted the government’s motion for summary judgment because it found that the plaintiff villages had not provided evidence on the second issue sent back for resolution. The district court focused on the Villages’ response to a request for admission, which stated in part that:

It is admitted that the limited exploration activities -conducted to date, standing alone,' have not yet significantly interfered with the exercise of the aboriginal subsistence rights of the Village of Gambell [Stebbins], and it is unlikely that the effects of those past activities will lead to any significant interference in the future if no further exploration or development activity occurs.

Because the Villages admitted that the oil companies’ past exploration activities had not yet interfered with their aboriginal subsistence rights, reasoned the court, the Villages failed to provide evidence on an “element of their claim.” Relying on this perceived failure, the district court granted the federal defendants’ motion for summary judgment.

Because we find that there remains no basis for federal jurisdiction in this case, we do- not decide whether the district court’s decision on remand was error.2

I.

This suit originated in 1983 when the Tribal Villages of Gambell and Stebbins sought to enjoin the Secretary of the Interior from completing the sale of an oil and gas exploration lease pursuant to the OCSLA. This lease, denominated “Sale 57,” contemplated exploration and production activity in Norton Sound. Although the Villages’ action was directed at Sale 57 in particular, the relief sought was both preliminary and permanent injunction of all leasing activity in the Norton [406]*406Sound Basin. See Complaint, March 4, 1983, C.R. 1, at pp. 1-2, 5-6.

Sale 57

After the district court denied the Villages’ motion for a preliminary injunction, lease Sale 57 was conducted, as scheduled, on March 15, 1983. The litigation continued, progressing back and forth through the federal courts.3 Meanwhile, the intervenor-de-fendant oil companies, who had purchased the Sale 57 lease tracts, completed their exploration activities in the region, and began relinquishing the component lease tracts that made up Sale 57.4 By the time the action came before the district court pursuant to our remand in Gambell III, all the remaining leases from OCS Sale 57 had been relinquished. As a result of this abandonment, all parties joined in a motion to dismiss the action as against the intervenor-defendant oil companies.5 The court dismissed the action with prejudice as against those defendants on December 3, 1990.

Because the component leases to Sale 57 were relinquished prior to the district court’s grant of summary judgment, we must address whether the Villages’ action is moot with respect to that sale. To the extent that the claim is moot, of course, the federal courts lack Article III jurisdiction to resolve that claim. Iron Arrow Honor Society v. Heckler, 464 U.S. 67, 70, 104 S.Ct. 373, 374, 78 L.Ed.2d 58 (1983) (per curiam).

A claim is moot when “the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome.” Western Oil & Gas Ass’n v. Sonoma County, 905 F.2d 1287, 1290 (9th Cir.1990), cert. denied, 498 U.S. 1067, 111 S.Ct. 784, 112 L.Ed.2d 846 (1991) (citations and internal quotations omitted). The basic question is whether there exists a “present controversy as to which effective relief can be granted.” Northwest Environmental Defense Center v. Gordon, 849 F.2d 1241, 1244 (9th Cir.1988).

During the pendency of this action, Sale 57 has run its course. The sale was completed, exploration conducted, and the lessees relinquished their interests under the sale. It cannot be said that this dispute is “likely to recur” with respect to lease Sale 57. Western Oil, 905 F.2d at 1290.

We therefore hold that the Villages’ claims for relief on the basis of lease Sale 57 are moot. Our inquiry does not end here, however.

Continuing Controversy

The Villages also contend that, despite the oil companies’ relinquishment of the Sale 57 leases, the action is not moot because a “continuing controversy” exists with respect to the native villagers’ aboriginal rights. They rely primarily on the Supreme Court’s recent decision in United States v. Alaska, — U.S. -, 112 S.Ct. 1606, 118 L.Ed.2d 222 (1992).

Rather than compelling a finding that a live case or controversy exists in this case, the Alaska Court’s discussion of this issue, contained in a footnote, illustrates why we are not faced with a live controversy here:

Although the bidding period closed without receipt of any bids, both sides agree that a live controversy exists in light of them continuing disagreement as to the location of the federal-state boundary and the prospect of future lease sales in the area. We agree that the controversy is not moot, since it involves a continuing controversy about territorial sovereignty over these submerged lands. United States v.

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Bluebook (online)
999 F.2d 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-gambell-v-babbitt-ca9-1993.