Tag Archives: Navajo Nation v. United States Forest Service

Student Note on the Arizona Snowbowl Case

Here is “Making Snow in the Desert: Defining a Substantial Burden under RFRA,” published in the Ecology Law Quarterly. An excerpt: Judge Fletcher’s opinion in Navajo Nation reflected a determined effort to reconcile the statutory provisions of RFRA with the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, Scholarship, treaty rights | Tagged , , , , | Leave a comment

Review of OT 2008: Indian Law Cases in the Supreme Court

It’s time for a review of what the Supreme Court did in Indian law this Term, since the Term will end in a few weeks. Consistent with the last 15 years or so (maybe 20), the Court was very hostile … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Uncategorized | Tagged , , , , | 3 Comments

Arizona Snowbowl Cert Petition on Deck This Week

Navajo Nation v. United States Forest Service is set for this week’s conference. From SCOTUSblog: Docket: 08-846Title: Navajo Nation, et al. v. United States Forest Service, et al. Issue: Whether a governmental action cannot constitute a “substantial burden” under RFRA … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, Supreme Court | Tagged , , , | 1 Comment

Final Filing in Arizona Snowbowl Cert Petition

Here is the Navajo Nation’s reply brief — Navajo Reply Brief The Supreme Court will decide whether or not to grant the petition on June 4 (see docket).

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , | Leave a comment

Results of Third Turtle Talk Poll — 67% See Supreme Court Denying Cert in the Snowbowl Case

Most voters do not see the Supreme Court granting cert in Navajo Nation v. USFS – 67 percent. About 26 percent think the Court will grant cert. Seven percent see a settlement before the Court reaches an outcome.

Posted in Author: Matthew L.M. Fletcher, Environmental, Supreme Court | Tagged , , , | Leave a comment

Third Turtle Talk Poll — Whether the Supreme Court Will Grant Cert in the San Francisco Peaks Case

Will the Supreme Court grant cert in Navajo Nation v. United States Forest Service? The new Solicitor General — Elena Kagan — has until May 8 to file an opposition to the Navajo Nation cert petition. From there, the petitioners … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Supreme Court | Tagged , , , | 2 Comments

Arizona Snowbowl Case — Will US Recommend Cert Grant, Too?

As Indianz reports, the Navajo Nation v. United States Forest Service cert petition is brewing. A bunch of amici have filed supporting the cert petition, which definitely gets the attention of the Supreme Court (or at least the cert pool). … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, economic development, Environmental, Supreme Court | Tagged , , , | Leave a comment

Amar and Brownstein on the Navajo Nation v. USFS Case

Wow! This may be the first time anyone on Findlaw has written anything substantive on Indian law. This might actually contribute to raising the profile of the case a bit for the SCT. From Findlaw (via How Appealing and Con … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , | 1 Comment

Tribal Supreme Court Project Amicus Brief Supporting Snowbowl Cert Petition

Here it is — navajo-cert-petn-amicus-brief Here is the cert petition. Other briefs supporting the petition are here as well.

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Navajo Nation v. US Forest Service Cert Petition

from SCOTUSblog: Yesterday, the Stanford clinic filed this cert. petition in Navajo Nation v. U.S. Forest Service, dealing with the circumstances in which governmental action may constitute a “substantial burden” under RFRA.  Jeff Fisher is counsel of record in the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, News, Supreme Court, treaty rights | Tagged , , , , , | 1 Comment