District of Oregon – Turtle Talk

Ninth Circuit Briefs in Appeal of Warm Springs Member Attempting to Invoke McGirt to Challenge Federal Prosecution

August 3, 2021Matthew L.M. Fletcher

Here are the briefs in United States v. Smith:

Smith Opening Brief

US Answer Brief

Lower court materials here.

Ninth Circuit Decides Deschutes River Alliance v. Portland General Electric Company in Favor of Tribal Immunity

June 23, 2021Matthew L.M. Fletcher

Here:

CA9 Opinion

Briefs here.

Oral Argument in Appeal re: Tribal Sovereign Immunity Under the Clean Water Act

May 9, 2021Matthew L.M. Fletcher

Here:

Briefs here.

Klamath Tribes Effort to Force Bureau of Reclamation to Not Kill Endangered Species Fails

May 7, 2021Matthew L.M. Fletcher

Here are the materials in Klamath Tribes v. United States Bureau of Reclamation (D. Or.):

47 Tribe Supplemental Brief

48 BOR Supplemental Brief

53 DCT Order

Federal Court in Oregon Declines to Dismiss Suit against Big Picture Loans-Affiliated Individual

March 18, 2021Matthew L.M. Fletcher

Here are the materials so far in Smith v. Martorello (D. Or.):

100 Amended Complaint

106 Motion to Dismiss

120 Opposition

123 Reply

146 Magistrate Report

155 Reply in Support of 149

156 DCT Order

Federal Court Dismisses Section 1983 Claim against Warm Springs Police Dept. Brought by Former Tribal Police Officer

March 18, 2021Matthew L.M. Fletcher

Here are the materials in Weaver v. Gregory (D. Or.):

Federal Court Rejects Warm Springs Tribal Member’s Effort to Invoke McGirt to Challenge Federal Criminal Jurisdiction under the ICCA and ACA

January 20, 2021Matthew L.M. Fletcher

Here are the materials in United States v. Smith (D. Or.):

Prior decisions involving the same defendant are here (Ninth Circuit) and here (Oregon appellate court).

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

October 6, 2020May 9, 2021Matthew L.M. Fletcher

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

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

Magistrate Judge Opinion Issued in Dossett v. Ho-Chunk Inc.

July 15, 2020Matthew L.M. Fletcher

Here are the materials in Dossett v. Ho-Chunk Inc. (D. Or.):

1 Complaint

30 High Country News MTD

35 Ho-Chunk Nation MTD

41 NCAI MTD

44 Dossett Response to 30 and 35

45 Dossett Declaration

45-1 Exhibits

47 Dossett Response to 35

48 NCAI Reply

49 HCN Reply

50 Ho-Chunk Nation Reply

51 Ducheneaux Declaration

53 Dossett Motion to File Amended Complaint

54 Ho-Chunk Inc Opposition to 53

55 Ho-Chunk Renewed MTD

57 NCAI Opposition to 53

59 Dossett Reply to NCAI

60 Dossett Reply to Ho-Chunk

69 Magistrate Opinion

Update in Klamath River Flow Litigation [Rule 19 Motion]

May 18, 2020May 18, 2020Matthew L.M. Fletcher

Here are updated materials in Klamath Irrigation District v. Bureau of Reclamation (D. Or.):

Dkt 89 Magistrate Findings and Recommendation of Dismissal

ECF 70 Second Amended Complaint

ECF 73 Shasta 2nd amended complaint

ECF 74 HVT Motion to Dismiss

ECF 75 Klamath Motion to Dismiss

ECF 76 Feds Response to Motion to DIsmiss

ECF 83 Hoopa Reply Re Dismissal

ECF No 77 ShastaViewOppMotDismiss

ECF No 78 KIDopposMotDismiss

Here is a new pleading in a related case, Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):

909-1 Yurok Motion

Like this:

Like this:

Like this:

Like this:

Like this:

Like this:

Like this:

Like this:

Like this:

Like this: