Idaho SCT Decides Coeur d’Alene Tribe Water Rights Matter Largely in Tribe’s Favor

Here is the opinion in In re:CSRBA Case No. 49576 (Idaho S. Ct.).

Briefs:

Idaho Opening Brief

Appellants Opening Brief

US Response Brief

Coeur d’Alene Tribe Response Brief

HECLA Response Brief

North Idaho Water Rights Alliance Response Brief

Idaho Response Brief

Coeur d’Alene Tribe Reply

US Reply Brief

Appellants Reply

Idaho Reply Brief

Ninth Circuit Rejects Another Matheson Objection to Tribal-State Tax Compact

Here are the materials in Matheson v. Smith:

CA9 Unpublished Memorandum

Matheson Opening Brief

Washington Brief

Matheson Reply Brief

Lower court materials here.

Coeur d’Alene Assistant Tribal Attorney Opening

The announcement is below. I used to work with the attorneys in this office as outside counsel–it seems like a great place to work!

Coeur d’Alene Tribe
Position Announcement

In-House Tribal Attorney. The Coeur d’Alene Tribe, located in Plummer, Idaho, is seeking one or two attorneys to join its In-House Legal Department. We will consider both experienced and entry-level positions. The ideal candidate will have experience in all aspects of Indian law and environmental and natural resources law. Applicants should be currently admitted to a state bar and willing to become a member of the Idaho State Bar within a reasonable time. Salary is competitive, dependent upon qualifications and experience, full benefit package and opportunity to work with a motivated and progressive team in a beautiful part of Idaho near Coeur d’Alene Lake. To apply, please send a letter of interest, resume and list of professional references to
tjordan@cdatribe-nsn.gov.

Federal Court Dismisses Effort by Puyallup Woman to Avoid State Wholesale Cigarette Taxes

Here are the materials in Matheson v. Smith (W.D. Wash.):

DCT Order Dismissing Matheson Complaint

Matheson Motion for PI

State Motion to Dismiss

Hecla Mining Settles Lawsuit Originally Brought by Coeur d’Alene Tribe

First part of article from Bloomberg:

Hecla Mining Co. (HL), the biggest U.S. silver producer, agreed to pay more than $263 million to settle one of the nation’s largest Superfund lawsuits after two decades, according to the Obama administration.

Hecla’s payment, including interest, will be made to the federal government, the Coeur d’Alene Indian Tribe and the state of Idaho, resolving claims stemming from waste discharged from its mining operations, the U.S. Justice Department said today in an e-mailed statement.

The lawsuit, brought by the American Indian tribe in 1991 and joined by the U.S. five years later, sought money to deal with water and wildlife damage in northern Idaho. The case was one of the biggest pursued under the Superfund law, which seeks to make polluters pay for eliminating environmental hazards.

“This agreement will help pay for the U.S. government’s clean-up activities, secures natural resource damages and will restore critical habitats to fish and wildlife in the Coeur d’Alene River Basin,” Ignacia Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division, said in a statement.

Here is the Hecla Press Release via Businesswire

And here’s the Ninth Circuit Decision: U.S. v. Asarco

Cert was denied (549 U.S. 975) – The Petition for Cert and the Opposition Brief:

Hecla Petition

U.S. Opposition Hecla Petition

US v. Mahoney — CA9 Affirms Cigarette Trafficking Conviction

This case involves a Coeur d’Alene Tribe member who violated the federal Contraband Cigarette Trafficking Act.

mahoney-appellant-brief

us-appellee-brief

mahoney-reply-brief

us-v-mahoney-ca9-opinion

Tribal Law Cannot Preempt Federal Criminal Laws in Smokeshop Case

The Ninth Circuit held in an unpublished opinion, United States v. Mahoney-Meyer (here), that compliance with tribal law cannot excuse a violation of federal cigarette trafficking laws.