Ninth Circuit – Page 30

Maybe this is nothing, but this is a little bit WEIRD . . . in that the Ninth Circuit’s opinions webpage links to an order granting rehearing (here) but there was no response brief docketed AND there is nothing on the court’s docket sheet indicating the petition was granted.

Here is the petition BTW:

Knighton Petition for Rehearing

Panel materials here.

Ninth Circuit Decides Hestand v. Gila River Indian Community [Attorney Employment Claims]

April 22, 2019Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs here.

Agency Cert Opposition Brief in Casino Pauma v. NLRB

April 13, 2019Matthew L.M. Fletcher

Here:

nlrb-bio-3.pdf

Cert petition here.

Havasupai Tribe v. Provencio Cert Petition [Grand Canyon Mine; NHPA Consultation]

March 28, 2019Matthew L.M. Fletcher

Here:

cert-petition-1.pdf

Question presented:

Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project requiring federal approval may have on sites of historic and cultural significance.

The question presented here is whether the NHPA imposes a continuing obligation upon federal agencies to engage in consultation under Section 106 when an agency maintains supervision of an ongoing project, and has the opportunity to require changes to mitigate adverse impacts after the initial approval.

Lower court materials here.