Here is Monday’s order list.
The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.
SCOTUS Declines to Review Ninth Circuit’s Rule 19/Tribal Immunity Decision
Hoopa Valley Tribe
Federal and Tribal Briefs in Opposition in Klamath Irrigation District v. Bureau of Reclamation
Klamath Irrigation District v. Bureau of Reclamation Cert Petition [Rule 19 & Tribal Immunity]
Here:
Question presented:
Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use of water subject to state-adjudicated water rights if a Native American tribe asserts an interest in the suit and does not consent to joinder.
Lower court materials here.
Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge
Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.
Briefs:
Klamath irrigation Opening Brief
Lower court materials here.
Fifth Circuit Decides Federal Diversity Jurisdiction Matter Involving Hoopa Valley Tribe
Here is the opinion in Mitchell v. Bailey.
Briefs and lower court materials here.
Fifth Circuit Briefs in Immunity/Federal Jurisdiction Case Involving Hoopa Valley Tribe
Here are the briefs in Mitchell v. Bailey:
Lower court materials in Mitchell v. Bailey (W.D. Tex.):
Update in Klamath River Flow Litigation [Rule 19 Motion]
Here are updated materials in Klamath Irrigation District v. Bureau of Reclamation (D. Or.):
Dkt 89 Magistrate Findings and Recommendation of Dismissal
ECF 70 Second Amended Complaint
ECF 73 Shasta 2nd amended complaint
ECF 75 Klamath Motion to Dismiss
ECF 76 Feds Response to Motion to DIsmiss
ECF 83 Hoopa Reply Re Dismissal
ECF No 77 ShastaViewOppMotDismiss
Here is a new pleading in a related case, Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):
Additional materials (9/8/22):
Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]
Here is the petition in Bales v. United States:
Question presented:
Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.
Lower court materials here.
Update:
Federal Circuit Decides Baley v. United States [Indian reserved water rights to Klamath River water predate farmers]
Here is the opinion.
Here are the briefs:
klamath-tribe-amicus-brief.pdf
Friday Job Announcements
Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.
Sauk-Suiattle Indian Tribe
General Counsel. Persons interested in applying should send a letter of interest, writing sample, and a resumé which includes references to:
Sauk-Suiattle Indian Tribe
Human Resources Department
5318 Chief Brown Lane
Darrington, WA 98241
rmorlock@sauk-suiattle.com
With a copy to mrsdlroberts@sauk-suiattle.com and to courtclerk@sauk-suiattle.com For additional information you may contact the Sauk-Suiattle Indian Tribe Office of Legal Counsel at (360) 436-0139.
Sonosky, Chambers, Sachse, Endreson, & Perry LLP
2018 Summer Associates. A national law firm dedicated to representing Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others – is currently recruiting incoming 2L students for 2018 summer associate positions. Interested applicants should send a cover letter, resume, transcript, and writing sample (a sample relevant to our practice area is preferred, but not necessary) to Will Stephens, Partner at wstephens@sonosky.com (please also copy kwray@sonosky.com). Interested applicants should send this information no later than Thursday, August 31, 2017.
Hoopa Valley Tribe
Executive Director, Hoopa Valley Housing Authority, F/T, Regular, Salary: DOE. Performs general administrative work with supervisory and management responsibilities; has constant contact with the public, Tribal Chairman, Board of Commissioners, Tribal Council, departments and federal agencies; requires knowledge of project development, planning, accounting, financial management, budgeting, investments, and knowledge of sound business practices. The HVHA operates under tribal and federal laws and is funded primarily through the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). Directs operations to provide low-income housing, rentals, and related services to eligible recipients and manages existing Mutual Help housing units. Minimum Requirements: Master’s Degree (M.A.) or equivalent and two (2) years of related experience; or a Bachelor’s Degree with four (4) years of related experience including two (2) years of management or supervisory experience; or at least eight (8) years of experience working with HUD programs including management experience, and extensive knowledge of HUD and NAHASDA regulations. Must have a Valid CA Driver’s License and be insurable. Must successfully pass an employment background check in accordance with Title 30A; Employment Background Check Policy of the Hoopa Valley Tribe. DEADLINE: August 22, 2017.
These positions are classified safety-sensitive. For job descriptions and employment applications, contact the Human Resources/Insurance Department, Hoopa Valley Tribe, P.O. Box 218, Hoopa, CA 95546. Call (530) 625-9200 Ext. 13 or 17. Or email hr2@hoopainsurance.com. The Tribe’s Alcohol & Drug Policy and TERO Ordinance Apply.
Michigan Indian Legal Services
Staff Attorneys (2), Southwest Michigan, Upper Peninsula. Please send resume, cover letter and writing sample to:
James A. Keedy
Executive Director
Michigan Indian Legal Services
jkeedy@mils.org
814 S. Garfield Ave., Suite A
Traverse City, MI 49686
Mille Lacs Band of Ojibwe
Staff Attorney. Submit resume, cover letter, and employment application to hr@millelacsband.com. Closes August 10, 2017.
Previous Friday Jobs Announcement: 7/21/17
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