District of Arizona – Page 9

Ninth Circuit Briefing in A.D. v. Washburn (Tahsuda)(Goldwater Case)

February 13, 2018Kate Fort

This is the appeal of the dismissal of the case in the federal District of Arizona purporting to represent all Native children in foster care in Arizona and their non-Indian foster parents or adoptive placements. The Goldwater Institute appealed the dismissal ot the Ninth Circuit.

20_Opening Brief_09-01-2017

40_AZResponse

41_GilaNavajoResponse

42_USResponse

53 – Goldwater Reply Brief

Federal Court Grants Rule 19 Dismissal in Challenge to Navajo Mine and Four Corners Power Plant

September 12, 2017September 12, 2017Matthew L.M. Fletcher

Here are the materials in Diné Citizens Against Ruining Our Environment v. Bureau of Indian Affairs (D. Ariz.):

50 Motion to Dismiss

56 US Opposition

57 Plaintiffs Opposition

61 Reply

64 DCT Order

State of Arizona/Tucson Unified School District Attack on Mexican Studies Program Violated the Fourteenth Amendment

August 24, 2017Matthew L.M. Fletcher

Here is the opinion in Gonzales v. Douglas (D. Ariz.):

Gonzalez-v-Douglas

NYTs coverage here.

Prior posts here.

Federal Magistrate Recommends Rejection of Challenge to Federal & Hualapai Criminal Convictions

August 22, 2017August 23, 2017Matthew L.M. Fletcher1 Comment

Here are the materials so far in Smith v. United States (D. Ariz.):

1 Motion to Vacate

8 Government Response

13 Reply

14 Magistrate Report

Suit over Navajo Hopi Relocation Benefit Payments

August 22, 2017August 22, 2017Matthew L.M. Fletcher

Here is the complaint in Nelson v. Office of Navajo Hopi Indian Relocation (D. Ariz.):

1 Complaint

Federal Court Holds US Govt. is “Owner” of Indian Trust Land under CERCLA for Liability Purposes

August 16, 2017Matthew L.M. Fletcher

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

130 El Paso Supplemental Brief

133 US Supplemental Brief

135 DCT Order

Prior post on this case here.

Federal Dismisses Contract Action under Rule 19 for Failure to Join Tuba City Regional Healthcare Corp.

July 31, 2017Matthew L.M. Fletcher

Here are the materials in LDFS LLC v. IEC Group Incorporated (D. Ariz.):

Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining

June 5, 2017June 5, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

114 Plaintiff Motion for Summary J

119 US Response

123 Reply

128 DCT Order

An excerpt:

Plaintiff El Paso Natural Gas Company brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against Defendants United States of America, United States Department of the Interior, United States Bureau of Indian Affairs, United States Geological Survey, United States Department of Energy, and United States Nuclear Regulatory Commission (collectively, “United States”). Doc. 55. Plaintiff has filed a motion for partial summary judgment. Doc. 114. The motion is fully briefed (Docs. 114, 119, 123), and the Court heard oral argument on June 1, 2017. For reasons that follow, the Court rejects the United States’ sovereign immunity defense and will require additional briefing on the question of its CERCLA owner liability.