Author: Matthew L.M. Fletcher

Briefs:

California Trout & Trout Unlimited v. Hoopa Valley Tribe & FERC Cert Petition

September 4, 2019December 9, 2019Matthew L.M. Fletcher

Here:

Question presented:

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Lower court materials here.

UPDATE — cert stage briefs:

California Trout Reply

Non-Indian Reckless Driver Arrested by Tribal Police Doesn’t Like It, but Still Loses

September 4, 2019Matthew L.M. Fletcher

Here is the unpublished opinion in State v. Ziegler (Minn. Ct. App.):

Opinion

HCN: “San Juan County ends legal fight against Voting Rights Act decision”

September 3, 2019Matthew L.M. Fletcher

Here.

Materials in Navajo Nation v. San Juan County here.

Jemez Pueblo Loses Claim to Valles Caldera National Preserve

September 3, 2019September 3, 2019Matthew L.M. Fletcher

Here are (some of) the materials in Pueblo of Jemez v. United States (D. N.M.):

387 Jemez Trial Brief

399 DCT Judgment

An excerpt:

THIS MATTER comes before the Court on the Court’s Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, filed August 31, 2019 (Doc. 398). In the Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, the Court: (i) concludes that Plaintiff Pueblo of Jemez does not have the exclusive right to use, occupy, and possess the lands that encompass the Valles Caldera National Preserve; (ii) quiets title to the Valles Caldera National Preserve in Defendant United States of America; (iii) dismisses the case with prejudice; and (iv) directs the parties to D.N.M.LR-Civ. 54, should they seek to recover any attorney’s fees and costs. See Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order at 498. Having disposed of all claims and parties before the Court in this case, the Court now enters Final Judgment. [emphasis added]

Our extensive prior posts are here.