FMC Corp. v. Shoshone-Bannock Tribes Cert Petition [Updated]

Here:

cert-petition.pdf

Questions presented:

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Lower court materials here.

Update:

Brief in Opposition

Reply

Ninth Circuit Affirms Tribal Jurisdiction in FMC v. Shoshone-Bannock

Here is the opinion in FMC Corp. v. Shoshone-Bannock Tribes.

Briefs here.

UPDATE:

En Banc Petition

Amicus Brief

CA9 Order Denying Petition

Ninth Circuit Briefs in FMC Corp. v. Shoshone-Bannock Tribes

Here:

FMC Opening Brief

Tribal Appellee Brief

FMC Reply

Tribe Reply

Prior posts here.

Federal Court Holds Shoshone-Bannock Tribes Have Authority to Impose $1.5M Annual Permit Fee on FMC Corp.

Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):

64-1 Tribe Motion on Montana 1

65-1 Tribe Motion on Montana 2

66-1 Tribe Motion on Tribal Process

67-2 FMC Motion on Tribal Process

67-3 FMC Motion on Montana 1

67-4 FMC Motion on Montana 2

72 FMC Opposition re Montana 1

73 FMC Opposition re Montana 2

74 FMC Opposition re Tribal Process

75 Tribe Response re Process

76 Tribe Response re Montana 1

77 Tribe Response re Montana 2

80 Tribe Reply re Process

81 Tribe Reply re Montana 1

82 Tribe Reply re Montana 2

83 FMC Reply re Process

84 FMC Reply re Montana 2

85 FMC Reply re Montana 1

95 DCT Order

News coverage here.