Tag Archives: Chevron deference

Qualified Expert Witness Case out of Utah Court of Appeals [ICWA]

Here. In this case, the GAL petitioned to remove the child from the mother’s care. This GAL has considerable issues with the application of ICWA: The GAL argued that since ICWA does not explicitly define what qualifies a witness as … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Tenth Circuit Strikes Down Part 291 Secretarial Procedures

Here is the opinion in State of New Mexico v. Dept. of Interior. Briefs here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Regulations, Research | Tagged , , , , , , ,

Tenth Circuit Briefs in New Mexico v. Dept. of Interior (Challenge to Part 291 Regs re: Pojoaque Pueblo)

Here are the briefs: Interior Opening Brief Pojoaque Opening Brief New Mexico Brief Interior Reply Brief Pojoaque Reply Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Regulations, Research | Tagged , , , , , , , , , , | 2 Comments

Federal Court Invalidates Part 291 Secretarial Procedures in Pojoaque Pueblo Case

Here are the materials in State of New Mexico v. Dept. of Interior (D. N.M.): 37 Interior Motion for Summary J 39 New Mexico Motion for Summary J 40 Pojoaque Opposition 41 New Mexico Opposition 42 Interior Opposition 43 Pojoaque … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Regulations, Research, sovereign immunity | Tagged , , , , , , , , | 2 Comments

Kickapoo v. Texas Cert Petition

The petition is here. This case concerns the validity of25 CFR Part 291, the procedures established by the Secretary of the Interior to act as a “Seminole fix.” There is no serious chance the Court will grant cert in this … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, Supreme Court | Tagged , , , , , , , , , , | 1 Comment

DC Circuit Vacates EPA Mercury Emissions — New Jersey v. EPA

Here is the opinion. Here is a link to our previous post that included several briefs, including the tribal brief. Congrats to the petitioners!

Posted in Author: Matthew L.M. Fletcher, Environmental, Regulations, Research | Tagged , , , , , , , , , , , , , , , | 1 Comment

Challenge to EPA’s Mercury Rule — New Jersey v. EPA (CADC)

The D.C. Circuit will hear oral argument in the challenge to EPA’s regulations applying to coal-fired plants, New Jersey v. EPA, on December 6, 2007. The panel includes Judges Rogers, Tatel, and Brown. The order on oral argument is here: … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights | Tagged , , , , , , , , , , , , , , , | 1 Comment

Texas v. United States Materials (Corrected)

Here are the briefs in the Texas v. United States case re: the Class III Procedures. Brief of Appellant United States Brief Kickapoo Brief Reply Brief The opinion is here: Opinion

Posted in Author: Matthew L.M. Fletcher, gaming, Research | Tagged , , , , , , , , , | 2 Comments