Ninth Circuit

SCOTUS Denies Cert in Yakama v. Yakima County Criminal Jurisdiction Dispute

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage briefs and links to lower court materials here.

USDA Pulls Environmental Impact Statement on Oak Flat/Resolution Copper Mine [updated with CA9 Order Denying Stay Pending Appeal]

Matthew L.M. Fletcher

Here is the press release from Rep. Raúl Grijalva on the matter. Gizmodo coverage here.

And the briefs in Apache Stronghold v. United States (9th Cir.):

Emergency Motion

Federal Opposition

Religious Groups Amicus Brief

Religious Liberty Scholars Amicus Brief

Tribal Amicus Brief

Lower court materials here.

Update:

CA9 Order Denying Stay

Ninth Circuit Materials in Snoqualmie Tribe v. State of Washington

Matthew L.M. Fletcher

Briefs:

Samish Brief

Samish Reply

Sauk-Suiattle Amicus Brief

Snoqualmie Brief

Snoqualmie Reply

State Response Brief

Treaty Tribes Amicus Brief

Tulalip Amicus Brief

Lower court materials here.

Ninth Circuit Materials in Paskenta Band Suits against Financial Institutions

Matthew L.M. Fletcher

Here are the briefs in Paskenta Band of Nomlaki Indians v. Umpqua Bank:

Opening Brief

Answer Brief

Reply

 

Here are the materials in Paskenta Band of Nomlaki Indians v. Associated Pension Consultants:

Opening Brief

Answer

Reply

 

SCOTUS Denies Cert in FMC Corp. v. Shoshone-Bannock Tribes

Matthew L.M. Fletcher

Here is today’s order list.

The cert stage briefs in the FMC case are here.

Lower court materials here.

Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]

Matthew L.M. Fletcher

Here is the petition in Club One Casino Inc. v. Bernhardt:

Club One Petition for Writ of Certiorari

Appendix

Lower court materials here and here.

Yakama Nation Cert Petition in Dispute with Yakima County over Criminal Jurisdiction

Matthew L.M. Fletcher

Here is the petition in Confederated Tribes and Bands of the Yakama Nation v. Yakima County:

Yakama Nation Cert Petition

Question presented:

The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a non-Indian is involved in the crime.The question presented is:

Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1323 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?

Lower court materials here.

Update (3/4/21):

Brief in Opposition

Update (3/16/21):

Yakama Reply