D.C. Circuit

Another Update in Cobell Settlement Appeal

Matthew L.M. Fletcher10 Comments

Here are the materials related to a motion by Kimberly Craven to take judicial notice of filings in Two Shields v. United States (Fed. Cl.):

11-5205.poppositiontojudicialnotice

TWO SHIELDS – MOTION TO DISMISS

TWO SHIELDS – LEGAL MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

TWO SHIELDS – APPENDIX EXHIBITS (1-4)

TWO SHIELDS – APPENDIX (5)

D.C. Circuit Affirms Dismissal of Challenge to NIGC Approval of Lytton Rancheria Gaming Ordinance

Matthew L.M. Fletcher

Here is the per curiam order in Neighbors of Casino San Pablo v. Salazar:

DC Circuit Order

And the briefs (opening brief is here):

Interior Appellee Brief

Lytton Rancheria Appellee Brief

Neighbors Reply

Update in Cobell v. Salazar (Kimberly Craven Appeal)

Matthew L.M. Fletcher12 Comments

Here are the D.C. Circuit briefs so far in Kimberly Craven’s challenge to the Cobell settlement:

Craven Brief

Cobell Brief

Federal Government Brief

Split D.C. Circuit Grants Attorney Fees to Tribal Intervenors in EPA Mercury Rule Case (New Jersey v. EPA)

Matthew L.M. Fletcher

Here is the opinion. And the briefs:

Tribal Motion for Atty Fees

EPA Opposition

Tribal Reply

The underlying merits decision from the D.C. Circuit vacating a Bush-era EPA mercury rule is here. BLT coverage is here.

Here are the intervening tribes and organizations:

Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Jamestown S’Klallam Tribe, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, Lower Elwha Klallam Tribe, Lummi Nation, Minnesota Chippewa Tribe, National Congress of American Indians, Nisqually Tribe, and Swinomish Indian Tribe Community

Supplemental D.C. Circuit Brief in Timbisha Shoshone v. Salazar

Matthew L.M. Fletcher

Here:

Timbisha Supplemental Brief

Opening D.C. Circuit Brief in Arctic Slope Native Assn. v. Sebelius (III?)

Matthew L.M. Fletcher

Here:

Arctic Slope Opening Brief

Cherokee Freedmen Descendants to Appeal Dismissal of Suit

Matthew L.M. Fletcher

Here is the notice of appeal:

Vann versus Salazar 2011-11-03 Freedmen Notice of Appeal

D.C. Circuit Rejects FAA Finding of “No Hazard” to Nantucket Wind Farm

Matthew L.M. Fletcher

Here is the opinion.

Conservative Advocacy Group Joins Appeal of Cobell Settlement

Matthew L.M. Fletcher1 Comment

From How Appealing:

“Business Group Files Opposition To $3.4B Cobell Settlement”: At “The BLT: The Blog of Legal Times,” Mike Scarcella has a post that begins, “A conservative think tank that advocates for free enterprise and limited government is challenging the $3.4 billion settlement in a Native American class action in Washington, saying the judge in the high-profile case should not have certified a class.”

You can access the group’s amicus brief filed yesterday in the U.S. Court of Appeals for the D.C. Circuit at this link.

Here is a link to the BLT coverage.

Opening Brief in D.C. Circuit Appeal of Dismissal of Challenge to Lytton Band Gaming Ordinance

Matthew L.M. Fletcher

Here is the opening brief in Neighbors of Casino San Pablo v. Salazar:

Neighbors Opening Brief