Ninth Circuit Briefing — Tribal Sovereign Immunity Under the Clean Water Act

Here are the briefs relevant to the sovereign immunity issue in Deschutes River Alliance v. Portland General Electric Company:

Final Tribal Amici Brief in Support of Warm Springs – File-Stamped

Appellant’s First Brief

Second Brief on Cross-Appeal – CTWS (filed 9 28 20)

Appellant’s Third Brief

Idaho Power Amicus Brief

PGE Brief

PGE Reply

Tribal Amicus Brief

Warm Springs Reply

And here are the lower court materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

72 Warm Springs Motion to Dismiss

74 Pacific Gas Motion to Dismiss

76 Deschutes River Response

78 Pacific Gas Reply

82 Warm Springs Reply

84 Warm Springs Brief in Support of Defendants

103 DCT Order

Federal Court Denies Warm Springs Rule 19 Motion, Holding Clean Water Act Abrogates Tribal Immunity

Here are the materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

74 Motion to Dismiss

76 Response

78 Reply

103 DCT Order