Here are those materials:
Thanks to Mike McBride and June Mamagona Fletcher, you can download the entire article here without having to register with the Journal:
BNSF v. Vaughn involves the Hualapai tribe’s attempt to impose taxes on BNSF railroad. BNSF brought an Ex parte Young action against two tribal officials: the chairman and the tax collector, seeking an injunction. The tribe argued that the railroad was required to exhaust its tribal remedies and that the tribe and its officials hadn’t waived tribal immunity. The district court disagreed. Here, the Ninth Circuit held that the tribe could bring an interlocutory appeal of the rejection of the immunity defense, but held that the tax collector was not immune from suit and remanded for further proceedings.
Here are the materials:
Indianz.com published the rehearing petitions from the US and the Arizona Snowbowl operators and the oppositions from the Hualapai, Navajo, and Hopi tribes all in one document, here.
Our previous post on this case, with all the materials from the earlier 9th Circuit proceedings (again courtesy of Indianz) is here.
My short book review of Christian W. McMillen‘s excellent book, “Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory” (Yale University Press) is available for download here. My review appears in the American Indian Culture and Research Journal.
The sacred San Francisco Peaks in Arizona. Photo Deborah Lee Soltesz/U.S. Geological Survey.
Navajo Nation v. US Forest Service (October 17, 2007)
Navajo Nation v. US Forest Service (March 12, 2007)
Listen to Oral Arguments:
Navajo Nation v. Forest Service (September 14, 2006)
Lower Court Decision:
Navajo Nation v. US Forest Service (January 11, 2006)
For academic scholarship on sacred sites, see Kristen A. Carpenter’s work here.