cert petition – Page 9

Penobscot Nation + US Cert Petitions against Maine in Penobscot River Dispute

December 10, 2021January 7, 2022Matthew L.M. Fletcher

Here is the petition in Penobscot Nation v. Frey:

cert petition and appendix – penobscot nation v. frey.pdf Download

Here is the petition in United States v. Frey:

cert petition – united states v frey.pdf Download

pet app – united states v frey.pdf Download

Question presented (from the Penobscot petition):

Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the Penobscot Reservation encompasses the Main Stem of the Penobscot River.

Lower court materials here.

Update:

NCAI Amicus Brief

Members of Congress Amicus Brief

Maine State-Tribal Commission Amicus Brief

LTBB v. Whitmer Cert Petition

November 30, 2021Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether the 1855 Treaty of Detroit established a federal reservation for the Little Traverse Bay Bands of Odawa Indians?

Lower court materials here.

Tanner v. Cayuga Nation Cert Petition

November 26, 2021Matthew 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

November 15, 2021Matthew 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

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