Ninth Circuit

Alaska Federal Court Denies Cross-Motions for Summary Judgment, Orders Trial, in Metlakatla Fishing Rights Matter

Matthew L.M. Fletcher

Here are the new materials in Metlakatla Indian Community v. Dunleavy (D. Alaska):

95-1 Alaska Motion for Summary JDownload
134 Metlakatla ResponseDownload
139 Metlakatla Cross Motion for Summary JDownload
143 Alaska ReplyDownload
147 Metlakatla ReplyDownload
151 DCT OrderDownload

Prior posts here.

Katie John isn’t part of this case, but she’s still incredible.

Ninth Circuit Materials in Blue Lake Rancheria v. Kalshi

Matthew L.M. Fletcher

Here are the briefs:

Opening Brief.pdfDownload
Tribal Orgs Amicus Brief.pdfDownload
States Amicus Brief.pdfDownload
American Gaming Assn Amicus Brief.pdfDownload
Kalshi Answer Brief.pdfDownload
Robinhood Answer Brief.pdfDownload
Reply.pdfDownload

Oral argument video here.

Lower court materials here.

Wilton Rancheria Files Cert Petition in Labor Dispute

Matthew L.M. Fletcher

Here is the petition in Wilton Rancheria v. UNITE HERE:

Petition.pdfDownload

Question presented:

Notwithstanding the deference afforded to arbitration awards, arbitrators lack the power to facially invalidate federal and state statutes. Similarly, courts defer to Tribal interpretation of Tribal law, as a critical element of longstanding policies upholding and safeguarding Tribal sovereignty. Does an arbitrator exceed his authority when he facially invalidates a duly-enacted Tribal law, especially when a court would not do so and when he would not be permitted to invalidate a duly-enacted federal or state statute?

Lower court materials here. Ninth Circuit unpublished opinion here.

Diego Rivera at the Detroit Institute of Art

Ninth Circuit Affirms Yurok/Hoopa/Feds Win in Klamath River ESA Fight

Matthew L.M. Fletcher

Here is the opinion in Yurok Tribe v. Klamath Water Users Assn.

Briefs:

Irrigation District Opening BriefDownload
Water Users Opening BriefDownload
Yurok Answer BriefDownload
Oregon Water Users Dept. Answer BriefDownload
Federal Answer BriefDownload
Irrigation District ReplyDownload
Water Users ReplyDownload

Alaska Federal Court Awards More Than $1.7M in Attorney Fees to Four Alaska Native Entities in Katie John Case

Matthew L.M. Fletcher

Here are the materials in United States v. State of Alaska (D. Alaska):

169 AFN Motion for Attorney Fees.pdfDownload
177 Kuskokwim River Inter-Tribal Fish Commission Motion for Attorney Fees.pdfDownload
181 Ahtna Motion for Attorney Fees.pdfDownload
182 AVCP Motion for Attorney Fees.pdfDownload
185 State Response to AFN.pdfDownload
186 AFN Reply.pdfDownload
191 State Response to Kuskokwim River Inter-Tribal Fish Commission.pdfDownload
192 State Response to Ahtna.pdfDownload
193 State Response to AVCP.pdfDownload
197 Kuskokwim River Inter-Tribal Fish Commission Reply.pdfDownload
199 Ahtna Reply.pdfDownload
201 AVCP Reply.pdfDownload
206 DCT Order.pdfDownload

Prior post here.

Yurok Tribe and Allies Prevail over EPA on decaBDE Regulation

Matthew L.M. Fletcher

Here is the opinion in Yurok Tribe v. EPA.

Ball-and-stick model of the decabromodiphenyl ether molecule

An excerpt:

The panel granted a petition for review of a 2024 Rule issued by the Environmental Protection Agency (“EPA”) concerning regulation of Decabromodiphenyl Ether (“decaBDE”), an additive flame retardant used in numerous products, and remanded without vacatur of the 2024 Rule to the EPA for renewed rulemaking and any other proceedings.

Ninth Circuit Affirms in Twenty-Nine Palms of Mission Indians v. Blanche (formerly Bondi)

Matthew L.M. Fletcher

Here is the opinion.

Here are the materials.

Ninth Circuit Rejects Federal En Banc Petition in Sho-Ban v. DOI but Some Judges Have Thoughts

Matthew L.M. Fletcher

Here is the order and accompanying, dueling opinions in Shoshone-Bannock Tribes v. Dept. of the Interior.

En banc stage briefs:

US En Banc Petition

Tribal Response to En Banc Petition

Panel materials here.

Ninth Circuit Materials in Maloney v. Office of Navajo and Hopi Relocation

Matthew L.M. Fletcher

Briefs:

Opening Brief.PDFDownload
Answer Brief.PDFDownload
Reply.PDFDownload

Oral argument video here.

Ninth Circuit Briefs in Holl v. Avery & Native Village of Eklutna

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Native Village of Eklutna Answer Brief.pdfDownload
Federal Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.