Alaska Native man gets another shot at lawsuit over allotment

Tuesday, August 2, 2011  

An Alaska Native man who waited over 30 years for his allotment was given another chance to pursue some of his claims against the federal government by the 9th Circuit Court of Appeals on Monday.

William Carlo Jachetta applied for a 160-acre allotment in 1971. Due to an an error by the Bureau of Indian Affairs, his application was only granted for 110 acres in 1986.

After a lengthy administrative process, the Bureau of Land Management issued Jachetta an allotment for the remaining 50 acres in 2004. But by that time, the parcel had already been used for development by the state of Alaska and an energy company.

Jachetta sued the BLM, Alaska and Alyeska Pipeline Service Company for numerous claims. In a unanimous decision, the 9th Circuit dismissed the claims against Alaska due to state sovereign immunity.

But the court said he could pursue claims of nuisance and breach of fiduciary duty against BLM as long as he finds a waiver of federal immunity.

The claims against Alyeska are still pending in federal court.

Turtle Talk has posted documents from the case, Jachetta v. US.

9th Circuit Decision:
Jachetta v. US (August 2, 1011)