District of Oregon – Turtle Talk

Slockish v. Dept. of Transportation Cert Petition

October 11, 2022Matthew L.M. Fletcher

Here:

Question presented:

Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.

Lower court materials here.

Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge

September 8, 2022Matthew L.M. Fletcher

Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.

Briefs:

Klamath irrigation Opening Brief

Shasta View Opening Brief

Lower court materials here.

Ninth Circuit Briefs in Section 1983 Suit against Warm Springs Tribal Police

January 25, 2022January 25, 2022Matthew L.M. Fletcher

Here are the briefs in Weaver v. Gregory:

Opening Brief

Answer Brief

Tribal Amicus Brief

Lower court materials here.

Ninth Circuit Holds Challenge to Mount Hood Road is Moot Now that Road is Complete

December 2, 2021Matthew L.M. Fletcher

Here is the unpublished opinion in Slockish v. FHA.

Briefs here.

Credit: Becket

Ninth Circuit Materials in Slockish v. FHA

November 17, 2021Matthew L.M. Fletcher

Here:

Opening Brief

Indian Law Scholars Amicus Brief

Religious Groups Amicus Briefs

Religious Liberty Scholars Amicus Brief

Federal Answer Brief

Lower court materials here.

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

August 3, 2021September 21, 2022Matthew L.M. Fletcher

Here are the briefs in United States v. Smith:

Smith Opening Brief

US Answer Brief

Lower court materials here.

UPDATE: Unpublished memorandum here.

En banc petition here:

En banc petition.pdf Download

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

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