cert petition

Tanner v. Cayuga Nation Cert Petition

Matthew L.M. Fletcher

Here:

Petition

Questions presented:

1. In view of Sherrill, whether New York tribes exercise “concurrent” jurisdiction over fee lands within the plenary taxing and regulatory authority of the state and local governments, thereby enabling those tribes to engage in gaming under the Indian Gaming Regulatory Act (IGRA), and cause the same or greater disruptions of settled expectations condemned by this Court in Sherrill.

2. Whether fee lands under plenary state and local taxation and regulation (per Sherrill) constitute “Indian lands” under IGRA because those lands are located within the Cayugas’ historic reservation.

3. Whether the Cayuga Nation’s ancient reservation was disestablished. 

Lower court materials here.

Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

Matthew L.M. Fletcher

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

SUFC! Petition

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

Matthew L.M. Fletcher

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

PetitionDownload

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

Reply

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

Matthew 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

Matthew 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

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials.

SCOTUS Denies Cert in Jamul Action Committee v. Simermeyer

Matthew 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]

Matthew L.M. Fletcher

Here:

Cert Petition

Lower court materials here.

Update:

State Amicus Brief

Seneca County Amicus

Brief in Opposition

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

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

  1. 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
  2. Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

Federal BIO

Tribal BIO

Reply

Ysleta del Sur Pueblo v. Texas Cert Stage Supplemental Briefs

Matthew L.M. Fletcher

Here:

SG Invitation Brief

Texas Supplemental Brief

Cert stage briefs are here.