Here:
Cert petition here.
cert petition
San Carlos Apache Tribe v. Arizona Cert Petition
Here:
Questions presented:
(1) Did the Arizona Supreme Court err by determining that 40 C.F.R § 122.29(b)’s new source analysis is satisfied by merely finding a “material connection” between a newly constructed source of polluted discharge and an existing source rather than considering whether the new source operationally depends on the existing source? (2) Did the Arizona Supreme Court err by determining that new source performance standards for copper mines in 40 C.F.R. § 440.104 do not “independently apply” to Resolution’s new mine?
Apache Stronghold v. United States Cert Petition
SCOTUS Denies Cert in West Flagler v. Haaland
Here is today’s order list. Justice Jackson is ethical and recused herself. Justice Kavanaugh would have granted the petition.
Cert petition and link to lower court materials here.
Federal Brief in Opposition to Cert in West Flagler v. Haaland
SCOTUS Cert Stage Materials in Turtle Mountain Ojibwe Efforts to Uncover Republican Legislators’ Racial Animus
Here are the cert stage materials in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly:
Republican Governors Amicus Brief in Opposition
Questions presented:
1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?
Lower court materials here.
No Casino in Plymouth v. NIGC Cert Petition
Here:
Questions presented:
- Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
- Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
- Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?
Lower court materials here.
West Flagler v. Haaland Cert Petition
Here:
Questions presented:
1. Whether IGRA authorizes the approval of a compact that purports to allow for an online sports gambling monopoly throughout the state and off Indian lands.
2. Whether an IGRA compact violates the Unlawful Internet Gambling Enforcement Act if it provides for internet sports betting that is unlawful where many of the bets are placed.
3. Whether the Secretary’s approval of a tribalstate compact violates equal protection principles where it provides a specific tribe with a monopoly on online sports gaming off tribal lands, while state law makes that conduct a felony for everyone else.
Lower court materials here.
Littlefield v. DOI Cert Petition
Here:
Questions presented:
Whether the decision of the court of appeals conflicts with Carcieri?
Lower court materials here.
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