Monday, November 4, 2019

This Alaskan Beat the Odds at the Supreme Court - It Cost $1.5 Million

Moose hunter John Sturgeon serves as both inspiration and warning for anyone who has ever gotten worked up over a perceived injustice and vowed to fight it “all the way to the Supreme Court.”

An inspiration because Sturgeon took on the federal government and - not once but twice - beat the odds to get the high court to accept his case and rule in his favor.

Why a warning? Because Sturgeon's 12-year, only-in-Alaska battle to travel on a forbidden hovercraft through national parkland to his favorite hunting spot cost well north of $1.5 million.

John Sturgeon, in front of the Supreme Court, is part of a case involving a hovercraft and moose hunting,, on January, 17, 2016 in Washington, DC. (Bill O'Leary / The Washington Post)“I had no idea how much it was going to cost, but you start down this slide and there’s no stopping it,” Sturgeon said. “Not many people could do what I did, because they don’t have the financial resources, which I don’t either. But I did have a cause that really ignited people.”

Sturgeon agreed to let The Washington Post examine the details of his costs and the donations to his cause to illuminate what it takes to bring a lawsuit before the Supreme Court.

Among his donors: the Alaska Wildlife and Conservation Fund, the National Rifle Association, the Alaska Conservative Trust, national and international hunting groups, hundreds of ordinary Alaskans and one very wealthy one.

Edward Rasmuson read about Sturgeon's case, called him up and found him sincere, and then offered to help pay the legal bill. "I maybe gave $250,000 to $300,000 to $400,000 - hell, I don't know," Rasmuson said in an interview. "But I'm fortunate. I'm wealthy, I can afford it."

The money covered things such as the $20,891.89 bill to print legal documents exactly as the Supreme Court requires. To reimburse the $11,063.25 in hotel costs for Sturgeon's lawyers to hone their strategy at three moot courts in Washington. To pay for 3,691 hours of legal work at the law firms that have represented him since 2011.

At the end of summer, Sturgeon's supporters boarded a stern-wheeler for a trip down the Chena River for one last fundraiser. It was billed as the "Thanks a Million Victory Cruise." There were drinks and dinner, tributes to Sturgeon and a silent auction offering uniquely Alaskan items such as a gold nugget and several fur pelts donated by Willy Keppel of the village of Quinhagak, nearly 600 miles away.

"Hope this helps," wrote Keppel, who said he was strapped for cash but wanted to contribute. "Thank you for taking the fight to the feds!"

Republican Gov. Mike Dunleavy was onboard to call Sturgeon a “hero” (and to submit the winning bid for one of the pelts). To show how broad the support for Sturgeon is, also along were several prominent Alaskans who have signed a petition to remove Dunleavy from office.

Sturgeon's case resonated because it could bring a long-sought clarification of the Alaska National Interest Lands Conservation Act (ANILCA), with which Congress set aside more than 100 million acres for preservation. Alaskans have argued that Congress did not intend for the land to be regulated like other federal parkland and preserves because the way of life is so different in the Last Frontier.

Sturgeon said he only knew that he didn’t think National Park rangers had the authority to tell him he could not use the hovercraft as he had for years.

"I called the state of Alaska and said, 'Aren't you supposed to manage the state's rivers?' and they said yes," Sturgeon recalled. "That's when I kinda decided I wanted to, maybe, you know, sue the federal government. But I didn't want a frivolous lawsuit."

He went to an Anchorage lawyer named Doug Pope and laid out the situation. Pope did some research and came back with good news and bad news.

"Not only do you have a case, but this could go all the way to the Supreme Court," Pope told Sturgeon.

The bad news: A legal fight like that could take six years or more, and maybe cost about $700,000.

Pope advised instead: "Spend the money on your grandkids. By the time this is done, are you even still going to be moose-hunting, John?"

Turns out he is - he filled the freezer just a couple of weeks ago - and his grandkids will be just fine.

The origins of Sturgeon’s case have been told now in two Supreme Court decisions. In the fall of 2007, he was trying to fix a steering cable on his hovercraft, which was beached on a gravel shoal of the Nation River, within the Yukon-Charley Rivers National Preserve.

Sturgeon for years had used his hovercraft to traverse the shallow rivers to his favorite hunting spot near the Canadian border. But on this day, he was approached by National Park rangers who informed him that the craft was banned in all federal park lands. Not only was he barred from using it to get to the hunting ground, he was told he could not use it to get home.

by Robert Barnes, WaPo via ADN | Read more:
Image: Bill O'Leary/The Washington Post