Eastern District of California

No Casino in Plymouth v. NIGC Cert Petition

Matthew L.M. Fletcher

Here:

cert-petitionDownload

Questions presented:

  1. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
  2. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
  3. Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?

Lower court materials here.

California Federal Court Dismisses State’s Effort to Shut Down Alturas Rancheria Cigarette Sales

Matthew L.M. Fletcher

Here are the materials in State of California v. Azuma Corp. (E.D. Cal.):

1 Complaint.pdfDownload
13-1 Cal Motion for PI.pdfDownload
23 Azuma Opposition to 13.pdfDownload
24-1 Azuma MTD.pdfDownload
28 Cal Reply ISO 13.pdfDownload
33 Cal Opposition to 24.pdfDownload
38 Azuma Reply ISO 24.pdfDownload
43 DCT Order on Preliminary Injunction.pdfDownload
58 DCT Order Dismissing Suit.pdfDownload

Materials in Town of Lac du Flambeau v. Newland [National Tribal Transportation Facility Inventory]

Matthew L.M. Fletcher

Here:

1 Complaint.pdfDownload
11 Federal Motion to Dismiss.pdfDownload
14 Response.pdfDownload
18 Reply.pdfDownload

Robin Kundis Craig on Sackett + Navajo + Montana

Matthew L.M. Fletcher

Robin Kundis Craig has posted “Tribes and Water in the Wake of Navajo Nation and Sackett: Treaties, Winters, Montana, and Rights of Nature,” forthcoming in the William & Mary Environmental Law and Policy Review, on SSRN.

Here is the abstract:

As headlines over the last decade have made clear, people in the United States can no longer afford to take fresh water for granted. In the midst of increasing issues regarding both water quality and water quantity (allocation), Tribes are playing an ever-more-active role in the Nation’s water management. This Article provides an overview of the contemporary legal landscape governing tribal authority over water, emphasizing two recent Supreme Court decisions: Sackett v. Environmental Protection Agency (May 2023), in which the Supreme Court cut back on the Clean Water Act’s jurisdictional reach, and Arizona v. Navajo Nation, in which the Court held that the federal government has no trust duty to help Tribes get water.

HIGHLY RECOMMENDED!

Ninth Circuit Affirms No Casino in Plymouth v. NIGC [Ione Band]

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs:

Opening Brief.pdfDownload
NIGC Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

California Federal Court Dismisses Buena Vista Rancheria Nuisance Suit against Neighboring Polluter for Lack of Ripeness

Matthew L.M. Fletcher

Here are the materials in Buena Vista Rancheria of Me-Wuk Indians v. Pacific Coast Building Products Inc. (E.D. Cal.):

1 Complaint.pdfDownload
8 Motion to Dismiss.pdfDownload
25 Opposition.pdfDownload
31 Reply.pdfDownload
33 DCT Order.pdfDownload

Big Sandy and California Reach Settlement in IGRA Good Faith Suit — Secretarial Remedial Process to Commence

Matthew L.M. Fletcher

Here are the materials in Big Sandy Band of Western Mono Indians v. Newsome (E.D. Cal.):

1 Complaint.pdfDownload
27 Joint Stipulation.pdfDownload
28 Stipulated Facts.pdfDownload
33 DCT Order.pdfDownload

Modoc Nation and FAA Prevail in Challenge to Airport Sale to Tribe

Matthew L.M. Fletcher

Here is the unpublished order in Tule Lake Committee v. FAA:

20230105 – Memorandum Order Affirming Dismissal (9th Cir.).pdfDownload
Jaune Smith

Ninth Circuit Denies Attorney Fees to Chicken Ranch

Matthew L.M. Fletcher

Here is the opinion in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California.

Briefs here.

California Prevails over Alturas Rancheria in IGRA Good Faith Negotiations Suit

Matthew L.M. Fletcher

Here are the materials in Alturas Indian Rancheria v. Newsom (E.D. Cal.):

10-1 California Motion to Dismiss.pdfDownload
25 Rancheria Motion for Summary.pdfDownload
31 California Reply.pdfDownload
32 Rancheria Reply.pdfDownload
38 DCT Order.pdfDownload

Prior post with complaint here.