Carcieri v. Salazar

Big Lagoon En Banc Oral Argument Materials

Matthew L.M. Fletcher2 Comments

Here is “Small Native American Tribe and U.S. Duke It Out at the 9th Circuit.”

This seems like a misleading headline since the tribe and Feds were on the same side. In short, argument seemed to go well for tribal interests.

You can access the argument here.

Materials here.

Ninth Circuit to Video Stream En banc Arguments in Big Lagoon Rancheria Gaming Matter (Sept. 17, 2014)

Matthew L.M. Fletcher

Here is the news release. An excerpt:

On Wednesday, September 17, 2014, beginning at 10 a.m., the court will hear oral arguments in Big Lagoon Rancheria v. State of California, in which the state appeals the summary judgment by the U.S. District Court for the Northern District of California in favor of Big Lagoon Rancheria, an Indian reservation near Eureka.  The lower court determined that the state violated the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact.

Here is the panel: Alex Kozinski, Harry Pregerson, Stephen Reinhardt, Diarmuid O’Scannlain, Susan Graber, William Fletcher, Richard Paez, Jay S. Bybee, Milan Smith, Morgan Christen, and Jacqueline Nguyen

En banc materials here.

Panel materials here.

Ninth Circuit to Re-Hear Big Lagoon Rancheria Appeal Sept. 17, 2014

Matthew L.M. Fletcher2 Comments

Here:

Big Lagoon — CA9 Order Setting Oral Argument

En banc materials here.

Panel materials here.

Federal Court Dismisses Jamul Action Committee Challenge under Rule 19 (with leave to amend)

Matthew L.M. Fletcher2 Comments

Here are the materials in Jamul Action Committee v. Stevens (E.D. Cal.):

21 Federal Motion to Dismiss

22 Jamul Indian Village Motion to Fiile Amicus Brief

22-1 Jamul Indian Village Motion to Dismiss

30 Jamul Action Committee Response to Jamul Indian Village

31 Jamul Action Committee Response to Feds

34 Jamul Indian Village Reply in Support of Amicus Motion

36 Jamul Indian Village Reply in Support of Motion to Dismiss

37 Federal Reply

42-1 Jamul Action Committee Motion to Amend Complaint

50 DCT Order

We posted the complaint here.

Benton Paiute Reservation Fee to Trust Application Materials (Carcieri Implications)

Matthew L.M. Fletcher

Here:

Under Federal Juris Memo.8.6.14

Exhibits 1 – 11.8.7.14

Exhibits 12 – 24.8.7.14

Cross-Motions for Summary Judgment in County of Amador v. Dept. of Interior

Matthew L.M. Fletcher

Here:

65 County of Amador Motion for Summary J

82 Ione Band Motion for Summary J

84-1 Interior Motion for Summary J

85 Amador County Opposition/Reply

86 Federal Reply

87 Ione Band Reply

Complaint here.

Briefs in Cherokee Nation Challenge to Interior’s Decision to Acquire Trust Land for United Keetoowah Band

Matthew L.M. Fletcher1 Comment

Here are the updated materials in Cherokee Nation v. Jewell (N.D. Okla.):

132 Cherokee Nation Brief

135 Interior Response

136 UKB Response

139 Cherokee Nation Reply

News coverage of the oral argument is here.

Prior posts on this case here, here, and here.

Update in Stand Up for California v. Jewell

Matthew L.M. Fletcher3 Comments

Here:

85 Motion to Supplement Admin Record

89 US Opposition

92 Reply re Motion to Supplement

Prior post here.

IBIA Affirms Trust Land Acquisition for St. Regis Mohawk over Carcieri Challenges

Matthew L.M. Fletcher1 Comment

Here is the opinion in State of New York v. Acting Eastern Regional Director, Bureau of Indian Affairs:

58ibia323

H/T Pechanga.

 

Ninth Circuit Grants En Banc Review in Big Lagoon Rancheria v. State of California

Matthew L.M. Fletcher5 Comments

Here:

2014 0611 Order Granting Petition for Rehearing En Banc

En banc petition here. Supporting amicus briefs here.

Lower court materials here.