Supreme Court – Page 22

Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

November 15, 2021Matthew L.M. Fletcher

Here is the petition in Stand Up for California! v. Dept. of the Interior:

Question presented:

Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Lower court materials here.

Big Sandy Cert Petition in Tax Case

November 12, 2021January 31, 2022Matthew L.M. Fletcher

Here is the petition in Big Sandy Rancheria Enterprises v. Bonta:

Petition Download

Questions presented:

1. Whether an Indian tribe incorporated by federal charter under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. § 5124) is an “Indian tribe or band with a governing body duly recognized by the Secretary of the Interior” authorized to bring suit under 28 U.S.C. § 1362.

2. Whether the Indian Trader Statutes (25 U.S.C. §§ 261-263) or the Bracker balancing test (see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980)) preempts the State of California’s regulation of intertribal cigarette sales, where an Indian tribe sells tribally manufactured cigarettes to Indian tribal buyers on their home reservations.

Lower court materials here.

Update:

California BIO

Hawkins v. Haaland Cert Petition [tribal management of Klamath River]

October 14, 2021March 7, 2022Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Does the federal government possess final decision-making authority over the management of water rights held in trust for an Indian tribe?

Lower court materials here.

UPDATE:

Oregon Farm Bureau Amicus

Brief in Opposition

Cert stage Reply

SCOTUS Denies Cert in Miccosukee Member’s Challenge to Federal Income Taxes on Per Capita Payments

October 12, 2021Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials in Clay v. Commissioner of Internal Revenue.

SCOTUS Denies Cert in in Perkins v. Commissioner of Internal Revenue

October 4, 2021Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials.

SCOTUS Denies Cert in Jamul Action Committee v. Simermeyer

October 4, 2021Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials.

Self v. Cher-Ae Heights Indian Indian Community of the Trinidad Rancheria [immovable property exception]

October 4, 2021January 24, 2022Matthew L.M. Fletcher

Here:

Cert Petition

Lower court materials here.

Update:

State Amicus Brief

Seneca County Amicus

Brief in Opposition

Tenth Circuit Briefs in Crow Tribe v. Repsis

September 29, 2021November 19, 2021Matthew L.M. Fletcher

~~Ok, so it’s just one brief so far….~~

Here:

Opening Brief

State Response Brief

Lower court materials here.

Dakota Access LLC v. Standing Rock Sioux Tribe Cert Petition [Updated with additional cert stage briefs]

September 22, 2021January 6, 2022Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also “resolve” those criticisms to the court’s satisfaction to justify a finding of no significant impact; and
Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

Federal BIO

Tribal BIO