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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | Alaska
USCA Order
MEMORANDUM of USCA as to 57 Notice of Appeal filed by Central Council of Tlingit & Haida Indian Tribes of Alaska, 56 Notice of Appeal filed by State of Alaska. 24-5280 / 24-5285 : When the Department accepted the Juneau parcel into trust, its official view was that the Secretary retained land-in-trust authority. Now, before this court, the Department no longer holds that view. Given the Department's change in position, we exercise "the discretion afforded to appellate courts when fashioning remand remedies," and remand to the district court to consider how the Department's viewpoint change impacts the Administrative Procedure Act analysis, if at all. We leave in place the district court's vacatur-and-remand order while it reconsiders the issues presented by the parties. Neither the parties nor the district court should construe this order as taking a position on any issue. REMANDED. FILED AND ENTERED JUDGMENT. (JDV, COURT STAFF)
Notice (Other)
NOTICE of Withdrawal and Substitution of Counsel by Bryan Newland, U.S. Department of the Interior (Ross, Rebecca)
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