Ninth Circuit Rejects Collateral Attack on Jamul Land Use, Affirms Sanctions for Rule 11 Violation

Here are the materials in Rosales v. Roman Catholic Bishop of San Diego:

Opening Brief

Answer Brief

Reply

CA9 Memorandum 

Ninth Circuit Rejects Chinook Recognition Bid

Here is the unpublished opinion in Chinook Indian Nation v. Burgum.

Briefs here.

Ninth Circuit Materials in Chinook Indian Nation v. Burgum

Briefs:

Chinook Opening Brief

Federal Answer Brief

Siletz Amicus Brief

Reply

Ninth Circuit Decides Alaska Department of Fish and Game v. Federal Subsistence Board (again)

Here is the opinion.

Briefs:

Prior post here.

Ninth Circuit Revives NHPA Challenge to Sun Zia Transmission Line

Here is the opinion in Tohono O’Odham Nation v. Dept. of the Interior.

Briefs:

Lower court materials here.

SCOTUS Denies Cert in Apache Stronghold v. US over Lengthy Gorsuch Dissent

Here is today’s order list, with the dissent beginning on page 6.

An excerpt:

While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less. They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference. “Popular religious views are easy enough to defend. It is in protecting unpopular religious beliefs that we prove this country’s commitment to . . . religious freedom.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. 617, 649 (2018) (GORSUCH, J., concurring).

Prior posts here,

SCOTUS Denies Cert in Tribal Court Jurisdiction Cases

Here is today’s order list.

The denied petitions are Lexington Ins. Co. v. Suquamish Tribe and Lexington Ins. Co. v. Mueller.

Maverick Gaming LLP v. United States Cert Petition

Here:

Questions presented:

Whether Rule 19 requires dismissal of APA suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.

Lower court materials here.

Ninth Circuit Materials in Confederated Tribes of the Colville Reservation v. Teck Cominco Metals LTD

Oral argument (sadly no food fights):

Briefs:

CCT Opening Brief

Nez Perce Amicus Brief

Siletz Letter

Suquamish Letter

US Amicus Brief

Mining Company Answer

Canada Amicus Brief — BOO! Canada

Reply

Ninth Circuit Decides Fuson v. Office of Navajo and Hopi Indian Relocation

Here is the opinion.

Briefs:

Appellant Brief

Answer Brief

Reply