Alaska Federal Court Declines to Dismiss Metlakatla Fishing Rights Case under Rule 19

Here are new materials in Metlakatla Indian Community v. Dunleavy (D. Alaska):

Prior post here.

New York Federal Court Rejects Shinneock Eel Harvesting Claims

Here is the opinion in Silva v. Parrish (E.D. N.Y.):

Briefs here.

Silva v. Farrish – Shinnecock Fishing Case Summary Judgment Briefings

Here are the pleadings in Silva v. Farrish (E.D. N.Y.):

152 NCAI and Shinnecock Kelp Farmers Amicus Brief

154 USET Amicus Brief

159 GLIFWC Amicus Brief

160 Law and History Professors Amicus Brief

161-11 Pls’ MoL in Supp of SMJ

161-14 Defs’ MoL in Opp’n to Pls’ SMJ

161-15 Pls’ Reply MoL

162-1 Defs’ MoL in Support SJM

162-33 Pls’ MoL in Opp

162-35 Defs’ Reply MoL

Prior post here.

Alaska Federal Court Rejects State’s Theory of Case on Remand from Ninth Circuit on Metlakatla Fishing Rights

Here are the new materials in Metlakatla Indian Community v. Dunleavy (D. Alaska):

Ninth Circuit materials here.

Harvard Law Review Casenote on Silva v. Parrish

Here.

Link to the opinion here.

Metlakatla Prevails in Ninth Circuit on Fishing Rights

Here is the opinion in Metlakatla Indian Community v. Dunleavy.

Briefs are here.

Lower court materials here.

Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.

Ninth Circuit Materials in Metlakatla Indian Community v. Dunleavy

Here:

Opening Brief

Answer Brief

Reply

Lower court materials here.

 

Washington COA Briefs on Cowlitz Fishing Rights

Here are the materials in State v. Simmons:

Simmons Brief

State Brief

Federal Court Dismisses Metlakatla Fishing Rights Claims against State of Alaska

Here are the materials in Metlakatla Indian Community v. Dunleavy (D. Alaska):

1 Complaint

20 Amended Complaint

22-1 Motion to Dismiss

23 Response

24 Reply

25 DCT Order