Ninth Circuit Rejects (again) Challenge to Grand Canyon Uranium Mine

Kanab North Uranium Mine, located next to Kanab Creek, a tributary to the Colorado River on the North Rim of Grand Canyon. Photo   Robin Silver.

Here is the opinion in Grand Canyon Trust v. Provencio.

Briefs here.

Pollution here:

A spring near Grand Canyon contaminated by nearby uranium mining. Photo   Kristen M. Caldon 2015, www.kmcaldon.com.

Materials in Cedarville Rancheria Claim to Immunity under Bankruptcy Act

Here are materials in In re Diven (E.D. Cal. Bkrcy.):

86 Diven Motion for Sanctions

111 Amended Opposition to Motion for Sanctions (FINAL)

114 Debtors Reply

116 Diven Decision

117 Order on Sanctions

Delegation representing 20,000 Californian Indians meeting with Senator Hiram Johnson: Photograph shows a delegation of eight Native American men from California representing 300 tribes and bands of Californian Indians meeting with Senator Johnson during visit to Congress to petition them to honor the Lost Treaties of 1851 and 1852; delegation members include Alfred C. Gillis (Wintun), Thomas H. Billings (Scotts Valley), Harrison Diaz (Paiute), William Fuller (Me-Wuk), Frank Isles (Klamath), Stephen Night (Ukiah), Albert Wilder (Central Klamath).  [LOC]

Ninth Circuit Denies Federal Government’s En Banc Petition in Navajo Water Rights Case

Here are the en banc stage materials in Navajo Nation v. Dept. of the Interior:

Amended Order + Denial of En Banc Petition

US En Banc Petition

Water District En Banc Petition

Navajo Response

Panel stage materials here.

Artwork on water towers along a remote Arizona road leading to Monument Valley Navajo Tribal Park, a red-sand desert region on the Arizona-Utah border known for the towering sandstone buttes [LOC]

Samish Indian Nation v. Washington Cert Petition

Here:

Appendix

Questions presented:

  1. Whether Eleventh Amendment sovereign immunity and tribal sovereign immunity deprived the lower courts of subject-matter jurisdiction over the Snoqualmie Indian Tribe’s claim, requiring dismissal on that ground under United States Supreme Court precedent including Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1996).
  2. Whether, under United States Supreme Court precedent including Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (1999) and Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), an issue preclusion dismissal is a merits dismissal and excluded from the threshold grounds among which a federal court may choose to dismiss a case before establishing its subject-matter jurisdiction.
  3. Whether, under United States Supreme Court precedent including Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), jurisdictional issues in this case were not “arduous” or “difficult to determine” because the lower courts could readily determine that they lacked jurisdiction, such that those courts committed reversible error in bypassing determination of their subject-matter jurisdiction and proceeding to dismiss the case instead with prejudice on issue preclusion grounds.
“Siwash” Indians Harvesting Hops at Snoqualmie

Lower court materials here.

Ninth Circuit Decides Adams v. Dodge [Nooksack]

Here is the unpublished opinion.

Briefs are here.

Ninth Circuit Argument in Stephen C. v. Bureau of Indian Education

Here:

Briefs here.

Briefs here.

Ninth Circuit Argument in Big Horn County Electric v. Big Man

Here:

Briefs are here.

One of my favorite people, Melody McCoy, a Cherokee citizen and Michigan alum, argued for the respondents. Izhaadaa giizhigowande!

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Ninth Circuit Draws Line between Assault and Kidnaping [D.V. Case on Navajoland]

Here the opinion in United States v. Jackson.

Briefs:

Opening Brief

US Brief

Reply

Ninth Circuit Briefs in Challenge to Arizona School District Ban on Beaded Graduation Cap

Here are the materials in Waln v. Dysart School District:

Opening Brief

Answer Brief

Ninth Circuit Materials in Unite Here Local 30 v. Sycuan Band of Kumeyaay Indians

Here are the briefs:

Opening Brief

Answer Brief

California Amicus Brief

Reply