Here is the opinion in National Mining Association v. Zinke:
Ninth Circuit
Ninth Circuit Restores Navajo Nation Trust Breach Claim in Colorado River Water Rights Matter
Here is the opinion in Navajo Nation v. Dept. of the Interior.
An excerpt:
The panel held that the Nation’s breach of trust claim was not barred by sovereign immunity, and remanded to the district court to consider the claim on its merits. The panel held that the broad waiver of sovereign immunity found in § 702 of the Administrative Procedure Act (“APA”) waived sovereign immunity for all non-monetary claims, and § 704 of the APA’s final agency action requirement constrained only actions brought under the APA. The panel concluded that the Nation’s breach of trust claim sought relief other than money damages, and the waiver of sovereign immunity in § 702 applied squarely to the claim.
Lower court materials here.
Ninth Circuit Rules in Favor of Lummi over Klallam Tribes in U&A Litigation
Here is the opinion in Lower Elwha Klallam Tribe v. Lummi Nation.
From the syllabus:
The panel reversed the district court’s summary judgment in favor of the Lower Elwha Klallam Indian Tribe, and held that the disputed waters west of Whidbey Island, Washington were included in the Lummi Nation’s right of taking fish at usual and accustomed grounds and stations (“U & A”) under the 1855 Treaty of Point Elliot.
In United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), Judge Boldt developed a framework for determining U & As for Indian signatories to the Treaty. In Finding of Fact 46, Judge Boldt stated that the U & A for the Lummi Indians “included the marine areas of Northern Puget Sound from the Fraser River south to the present
environs of Seattle.”To determine whether the waters west of Whidbey Island were included in the Lummi’s U & A, the panel followed a two-step procedure. At step one, the panel held that Fact 46 was ambiguous because it did not clearly include or exclude the disputed waters. At step two, the panel examined the record before Judge Boldt to clarify his intent, and concluded that the district court erred in excluding the disputed waters
from the Lummi’s U & A. The panel held that the district court improperly imposed a heightened standard in holding that logic or linguistics needed to “compel the conclusion” that contested waters be included in a U & A.
Briefs here.
Oral Argument Video in Casino Pauma v. NLRB
Ninth Circuit Materials in Nisqually Indian Tribe v. Squaxin Island Indian Tribe
Here (aka United States v. Washington subproceeding 14-2):
Lower court materials here.
Ninth Circuit Decides Koniag v. Kanam
Ninth Circuit Remands Makah v. Quileute/Quinault Ocean U&A Dispute
Here is the opinion in Makah Indian Tribe v. Quileute Indian Tribe.
Briefs are here.
Nooksack Update in Federal RICO Action
Here are new materials in Rabang v. Kelly (W.D. Wash.):
122 Plaintiffs’ Supplemental Summary Judgment Response
Ninth Circuit briefs in Rabang v. Kelly are here.
Interior Prevails in Defense of Ione Band Trust Land Acquisition in Ninth Circuit
Here is the opinion in County of Amador v. Dept. of Interior. UPDATE: And the unpublished opinion in No Casino in Plymouth v. Zinke.
An excerpt:
This case involves a dispute over a proposed casino in Amador County, California. Plaintiff, the County of Amador (“County”), challenges a 2012 record of decision (“ROD”) issued by the United States Department of the Interior (“Interior”) in which the agency announced its intention to take land into trust for the benefit of the Ione Band of Miwok Indians (“Ione Band” or “Band”). The ROD also allowed the Ione Band to build a casino complex and conduct gaming on the land once it is taken into trust. Reviewing Interior’s decision under the Administrative Procedure Act (“APA”), we conclude that the agency did not err. Accordingly, we affirm the district court’s award of summary judgment to Interior and the Ione Band.
Briefs here.
Ninth Circuit Decides Sturgeon Hovercraft Matter on Remand from SCOTUS
Here is the opinion in Sturgeon v. Masica. An excerpt:
John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that; the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on the rivers within conservation system units in Alaska.
Briefs:
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