Ninth Circuit Briefs in State of Idaho v. Coeur d’Alene Tribe


Coeur d’Alene Tribe Opening Brief

Shoshone-Bannock Tribes Amicus Brief

State Brief

Tribe Reply

Oral argument audio, video.

Lower court materials here, here, here, and here.

Stay Pending Appeal Denied in Coeur d’Alene Gaming Dispute

Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

42-1 Motion to Stay Pending Appeal

48 Response

50 Reply

57 DCT Order

Prior posts here, here, and here.

Federal Court Enjoins Texas Hold ‘Em Poker at Coeur d’Alene Tribe

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Tribe Reply

35 DCT Order Staying Proceedings

40 DCT Order

An excerpt:

The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.

Prior materials here. H/t Pechanga.

Federal Court Sends Coeur d’Alene Tribe Poker Dispute to Arbitration

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Coeur d’Alene Tribe Reply

35 DCT Order

Prior briefs here.

Materials (So Far) in Idaho v. Coeur d’Alene Texas Hold ‘Em Poker Dispute

Here are the materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

3-1 Idaho Motion for TRO

15-1 Coeur d’Alene Tribe Motion to Dismiss

16 Coeur d’Alene Opposition to Motion for TRO

20 Shoshone-Bannock Motion to File Amicus Brief

25 Idaho Reply

28 DCT Order Granting Motion to File Amicus Brief


Nez Perce Tribe Dues over Federal Mine Approval

Here is the complaint in Idaho Conservation League v. USFS (D. Idaho):

1 Complaint

An excerpt:

Plaintiffs Idaho Conservation League and Nez Perce Tribe challenge the U. S. Forest Service’s approval of the Golden Meadows Exploration Project (Project) for violations of the National Environmental Policy Act (NEPA). The Project is a three-year mineral exploration project on the Payette and Boise National Forests in Valley County, Idaho, proposed by Canadian mining company Midas Gold, Inc. (MGI).

Ninth Circuit Holds Shoshone-Bannock Land Use Office/Court Has No Jurisdiction over Nonmember on Nonmember Lands

Here is the opinion in Evans v. Shoshone-Bannock Land Use Policy Commission. The court’s syllabus:

Reversing in the district court’s denial of a motion for preliminary injunction and dismissal of an action seeking to enjoin tribal court proceedings, the panel held that the Shoshone-Bannock Tribes lacked the power to regulate the land use of the plaintiff, a nonmember who owned land in fee simple within the Fort Hall Reservation.

The panel held that the plaintiff was not required to exhaust tribal remedies before bringing suit in federal court because the tribal court plainly lacked jurisdiction. The panel held that because the plaintiff was an owner of non-Indian fee land, the Tribes’ efforts to regulate him were presumptively invalid under Montana v. United States, 450 U.S. 544 (1981), and an exception for the regulation of nonmember activity that directly affects a tribe’s political integrity, economic security, health, or welfare did not apply. The panel  reversed the judgment of the district court and remanded the case for further proceedings.

Briefs and lower court materials are here.

Nez Perce Tribe Press Release on MegaLoads Decision


NPT Press Release

NPT Press Release

Case materials are here.

Federal Court Enjoins MegaLoads on Nez Perce Land — Lack of Tribal Consulation

Here are the materials in Nez Perce Tribe v. United States Forest Service (D. Idaho):

Nez Perce (Mega-load) Consultation decision (Sept 2013)


Motion for TRO/PI

USFS Opposition

Reply in Support of Motion for PI

Prior posts here and here.

Federal Court Orders Tribal Exhaustion in Coeur d’Alene Reservation Waste Dumping

Here are the materials in St. Isidore Farm LLC v. Coeur D’Alene Tribe of Indians (D. Idaho):

1 Complaint

3-1 St. Isadore Motion for TRO

7 DCT Order Granting TRO

17 Coeur d’Alene Response

21 Coeur d’Alene Motion to Dismiss

28 St. Isadore Reply

43 St. Isadore Response

44 Coeur d’Alene Reply

61 DCT Order Granting Motion to Dismiss

News coverage here.