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Petition of the day

The petition of the day is:


Issue: (1) Whether the Ninth Circuit properly held — in conflict with this Court’s decisions — that the federal reserved water rights doctrine authorizes the unprecedented federal takeover of Alaska’s navigable waters sanctioned by the 1999 Rule; and (2) whether the Ninth Circuit properly proceeded on the premise — which also conflicts with this Court’s decisions — that the Alaska National Interest Lands Conservation Act could be interpreted to federalize navigable waters at all given Congress’s silence on the Act’s application to navigable waters.

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Mar. 24, 2014, 9:50 PM),