Ninth Circuit

Ninth Circuit Reverses Dismissal of San Carlos Apache Health Care Contract Support Costs Suit

Matthew L.M. Fletcher

Here is the opinion in San Carlos Apache Tribe v. Beccera.

An excerpt:

A simplified example clarifies this scheme. Assume that a tribe administers a $3 million healthcare program for its members. It costs the tribe $500,000 in administrative costs to do so. IHS therefore will pay the tribe $3.5 million. Additionally, the tribe recovers $1 million for those procedures from outside insurers. It is statutorily required to spend that $1 million on health care as well.
But there is a hole in this statutory scheme. Who pays the CSC for that additional $1 million in health care that the tribe must provide with its third-party revenue? At the heart of this lawsuit is Plaintiff-Appellant San Carlos Apache Tribe’s (“the Tribe”) contention that IHS must cover those additional CSC.

Briefs here.

This guy’s not Apache but he’s happy for them.

Ninth Circuit Oral Argument in Swinomish v. Lummi [U.S. v. Washington subproceeding 19-01]

Matthew L.M. Fletcher

Here:

Briefs here.

Ninth Circuit Oral Argument in Upper Skagit v. Sauk-Suiattle [U.S. v. Washington subproceeding 20-01]

Matthew L.M. Fletcher

Here:

Briefs here.

Ninth Circuit Briefs in Weaver v. Gregory [section 1983 suit against tribal officials over employment claims by fired tribal police officer]

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Tribes Amicus Brief.pdfDownload
Reply.pdfDownload

SCTOUS Grants United States and Arizona Petitions in Navajo Water Case

Matthew L.M. Fletcher

Here was yesterday’s order.

Prior post here.

Thinking if SCOTUS had some good frybread, they’d let Indian country have the nice things we deserve, like an enforceable duty of protection.

Ninth Circuit Rejects Challenge to Tribal Wind Farm

Matthew L.M. Fletcher

Here is the unpublished opinion in Backcountry Against Dumps v. Bureau of Indian Affairs.

Briefs here.

Ninth Circuit Materials in Backcountry Against Dumps v. Bureau of Indian Affairs [Campo Band Wind Energy Project]

Matthew L.M. Fletcher

Here:

Backcountry Opening Brief.pdfDownload
BIA Answer Brief.pdfDownload
Campo Band Answer Brief.pdfDownload
Development Co Amicus Brief.pdfDownload
Reply Brief.pdfDownload
Backcountry Supplemental Brief.pdfDownload
BIA Supplemental Brief.pdfDownload
Campo Band Supplemental Brief.pdfDownload
Development Co Supplemental Brief.pdfDownload

Lower court materials here.

Slockish v. Dept. of Transportation Cert Petition

Matthew L.M. Fletcher

Here:

slockish-petitionDownload

Question presented:

Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.

Lower court materials here.

Ninth Circuit Materials in Tribal Challenge to Seattle’s Dams

Matthew L.M. Fletcher

Here are the briefs in Sauk-Suiattle Indian Tribe v. City of Seattle:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload
Appellant Supplemental Brief.pdfDownload
Appellee Supplemental Brief.pdfDownload

Lower court materials here.

Ninth Circuit Rejects Effort to Challenge Tribal-State Cross-Dep Agreement [Fort Peck]

Matthew L.M. Fletcher

Here is the opinion in United States v. Fowler.

Briefs:

Opening Brief.pdfDownload
Federal Brief.pdfDownload
Reply.pdfDownload