Tag Archives: Ninth Circuit

Nooksack Update in Federal RICO Action

Here are new materials in Rabang v. Kelly (W.D. Wash.): 122 Plaintiffs’ Supplemental Summary Judgment Response Ninth Circuit briefs in Rabang v. Kelly are here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election, tribal membership | Tagged , , , , , , , | Leave a comment

Interior Prevails in Defense of Ione Band Trust Land Acquisition in Ninth Circuit

Here is the opinion in County of Amador v. Dept. of Interior. UPDATE: And the unpublished opinion in No Casino in Plymouth v. Zinke. An excerpt: This case involves a dispute over a proposed casino in Amador County, California. Plaintiff, the … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, IGRA, Indian gaming, Research | Tagged , , , , | 2 Comments

Ninth Circuit Decides Sturgeon Hovercraft Matter on Remand from SCOTUS

Here is the opinion in Sturgeon v. Masica. An excerpt: John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that; the federal government is not. Sturgeon’s case turns … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , | Leave a comment

Ninth Circuit Briefs in Rabang v. Kelly (Nooksack RICO Matter)

Here: 6 – Defendant-Appellants’ Opening Brief 11 – Plaintiff-Appellees’ Answering Brief 16 Appellants’ Reply Brief More posts here.  

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal membership | Tagged , , , , | 1 Comment

Upper Skagit Prevails over Suquamish in Ninth Circuit U&A Fishing Territory Appeal

Here is the opinion in Upper Skagit Indian Tribe v. Suquamish Indian Tribe. An excerpt: In this treaty fishing rights case, the Upper Skagit Indian Tribe (“the Upper Skagit”) filed a Request for Determination as to the geographic scope of the Suquamish … Continue reading

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

Pyramid Lake Paiute Wins More Water in Ninth Circuit

Here is the unpublished memorandum in Pyramid Lake Paiute Tribe of Indians v. Board of Directors of the Truckee-Carson Irrigation District. Briefs: Pyramid Lake Opening Brief Response Brief Reply Brief Oral argument video is here.

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

Ninth Circuit Briefs in NEPA Challenge to Enterprise Rancheria Casino

Here are the briefs in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke: Opening Brief Tribe Answer Brief Federal Answer Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Environmental, fee to trust, IGRA, Research | Tagged , , , | Leave a comment

Ninth Circuit Materials in Upper Skagit Indian Tribe v. Suquamish Indian Tribe (U.S. v. Washington subproceeding 14-1)

Here: S’Klallam Tribes Brief Suquamish Reply Tulalip Tribes Brief Upper Skagit Brief Oral argument video here.

Posted in Research | Tagged , | 1 Comment

Ninth Circuit Materials in Makah Indian Tribe v. Quileute Indian Tribe (U.S. v. Washington Subproceeding 09-1 — second go around, I think?)

Here: Four Tribes’ Brief Hoh Tribe Brief Makah Brief Makah Reply Quinault and Quileute Brief Six Tribes’ Brief State Brief State Reply Oral argument video here.

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

Ninth Circuit Affirms Dismissal of Counterclaims against Quinault Tribe

Here are the materials in Quinault Indian Nation v. Pearson. Opinion Opening Brief Answer Brief Reply The court’s syllabus: In an action brought by the Quinault Indian Nation alleging a scheme to defraud the Nation of cigarette taxes, the panel affirmed the … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, taxation | Tagged , , , | Leave a comment