Ninth Circuit

Cert Stage Briefs for Casino Pauma v. NLRB

Matthew L.M. Fletcher

Here:

Cert Petition

BIO

Reply

Ninth Circuit Panel Grants Rehearing in Knighton v. Cedarville Rancheria

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs here.

Agency Cert Opposition Brief in Casino Pauma v. NLRB

Matthew L.M. Fletcher

Here:

nlrb-bio-3.pdf

Cert petition here.

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

Matthew 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.

Ninth Circuit Holds Exclusionary Rule Applies to Evidence Obtained in Violation of ICRA’s Fourth Amendment Counterpart

Matthew L.M. Fletcher

Here is the opinion in United States v. Cooley.

Briefs here.

Ninth Circuit Decides Chemehuevi Tribe v. Newsom [gaming compact dispute]

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Ninth Circuit Motions Panel Denies TransCanada’s Motion for Stay in Challenge to Keystone XL Pipeline

Matthew L.M. Fletcher

Here is the order in Indigenous Environmental Network v. Dept. of State:

ca9-order-denying-motion-for-stay.pdf

Briefs:

transcanada-motion-for-stay.pdf

indigenous-environmental-network-opposition.pdf

northern-plains-opposition.pdf

fort-peck-amicus-brief.pdf

transcanada-reply.pdf

Ninth Circuit Decision in Knighton v. Cedarville Rancheria

Matthew L.M. Fletcher

Here is the opinion in Knighton v. Cedarville Rancheria of Northern Paiute Indians.

Briefs here.

Ninth Circuit Rules in Favor of US in Frank’s Landing Gaming Case

Matthew L.M. Fletcher

Here is the opinion in Frank’s Landing Indian Community v. National Indian Gaming Commission.

Briefs here.