Previous coverage here.
Here’s my profile of Judge Gould, from the April Federal Lawyer.
Here is Quileute & Quinault’s response, addressing issues such as whether the Stevens treaties must be read together, the meaning of “fish” and whether U&As are species-specific, the proper use of the canons of construction, and what we know of the treaty negotiations at issue here.
Previous coverage here.
Appellants, the Te-Moak Tribe of Western Shoshone Indians of Nevada (“Te-Moak Tribe”), the Timbisha Shoshone Tribe (“Timbisha Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Resource Watch (“GBRW”)(collectively, “the Tribes”) challenge the federal Bureau of Land Management (“BLM’s”) approvals of Barrick Cortez Inc.’s (“Barrick”) Cortez Hills Project (“Project”), a large open pit, cyanide-leach gold mine on Mt. Tenabo, a mountain sacred to many Western Shoshone Indians and in particular to the Te- Moak Tribe and Timbisha Tribe and their members. In this appeal, the Tribes challenge the decision of the district court to deny, in whole or in part, the Tribes’ Motions for Summary Judgment (“SJ Motions”), which sought to overturn the BLM’s actions.
The district court had subject matter jurisdiction under 28 U.S.C. § 1331 because the action arose under the laws of the United States including: the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-706, the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq., the Federal Land Policy Management Act of 1976 (“FLPMA”), 43 U.S.C. § 1701 et seq., and their implementing regulations.
American Indian Law Professors Amicus Brief
Coverage of the case’s previous trip to the 9th Circuit here.
Indianz.com published the rehearing petitions from the US and the Arizona Snowbowl operators and the oppositions from the Hualapai, Navajo, and Hopi tribes all in one document, here.
Our previous post on this case, with all the materials from the earlier 9th Circuit proceedings (again courtesy of Indianz) is here.
The sacred San Francisco Peaks in Arizona. Photo Deborah Lee Soltesz/U.S. Geological Survey.
Navajo Nation v. US Forest Service (October 17, 2007)
Navajo Nation v. US Forest Service (March 12, 2007)
Listen to Oral Arguments:
Navajo Nation v. Forest Service (September 14, 2006)
Lower Court Decision:
Navajo Nation v. US Forest Service (January 11, 2006)
For academic scholarship on sacred sites, see Kristen A. Carpenter’s work here.