Ninth Circuit – Turtle Talk

The panel affirmed the district court’s grant of the Bureau of Indian Affairs’ motion for summary judgment and ejectment order in an action brought by a group of recreational vehicle owners seeking to retain their rights to remain on a lakeside RV park located on American Indian land held in trust by the Bureau.

Briefs here.

Sklallam Tribes’ Cert Petition over Lummi Nation U&A [U.S. v. Washington subproceeding 11-02]

December 23, 2021Matthew L.M. Fletcher

Here is the petition in Jamestown S’Klallam Tribe v. Lummi Nation:

Cert Petition.pdf Download

Question presented:

The question presented is whether the Ninth Circuit—in conflict with decisions of this Court and other courts—properly abrogated the long-settled and original understanding of a central treaty term, without any legal or factual basis for doing so, and while redefining the boundary of a major body of water to accommodate its novel treaty interpretation.

Lower court materials here.

Klickitat County v. Yakama Nation Cert Petition

December 23, 2021December 23, 2021Matthew L.M. Fletcher

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

Cert Petition.pdf Download

Questions presented:

1. Whether, or in what circumstances, a court may override an Act of Congress adopting a boundary for an Indian reservation, and set its own boundary.

2. Whether the Ninth Circuit erred by holding-in conflict with the decisions of this Court, including a decision involving the very boundary at issue-that the Reservation encompasses the area at issue.

Lower court materials here.