Friends of Amador County v. Salazar

An excerpt:

In 2005, Amador County, California brought suit against the Department of Interior challenging the Secretary’s approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians (the “Tribe”) and the State of California. After nearly six-and-a-half years of litigation, the Tribe sought to intervene for the limited purpose of moving to dismiss the amended complaint under Federal Rule of Civil Procedure 19. The district court denied the motion as untimely, and this appeal followed. Because we conclude that the district court did not abuse its discretion, we affirm.

Briefs and lower court materials here.

Supreme Court Denies Cert in Friends of Amador County v. Jewell

December 1, 2014Matthew L.M. Fletcher2 Comments

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

November 20, 2014November 20, 2014Matthew L.M. Fletcher

Here:

Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Friends of Amador County v. Jewell Cert Stage Briefs

November 17, 2014Matthew L.M. Fletcher2 Comments

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Buena Vista Rancheria Cert Opposition Brief

November 6, 2014Matthew L.M. Fletcher

Here:

Buena Vista Rancheria Opposition

The United States has waived its right to respond.

The cert petition is here.

Friends of Amador County v. Jewell Cert Petition

September 26, 2014September 30, 2014Matthew L.M. Fletcher1 Comment

Here:

FAC Cert Petition FILED

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

D.C. Circuit Briefs in Amador County v. Dept. of Interior (Amador II) — Buena Vista Rancheria Motion to Intervene

March 26, 2014October 10, 2014Matthew L.M. Fletcher1 Comment

Here:

Buena Vista Opening Brief

Amador County Brief

Buena Vista Reply Brief

DOI Letter

UPDATE: oral argument audio here.

Lower court materials:

59-1 Buena Vista Rancheria Motion to Intervene

61 Amador County Opposition

62 Buena Vista Reply

65 DCT Order Denying Motion to Intervene

Materials in related cases:

Materials in Amador I.

Materials in Friends of Amador County v. Jewell.

Ninth Circuit Affirms Rule 19 Dismissal in Friends of Amador County v. Jewell

January 30, 2014Matthew L.M. Fletcher5 Comments

Here is the unpublished opinion. An excerpt:

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.