Ninth Circuit – Page 38

Ninth Circuit Remands Makah v. Quileute/Quinault Ocean U&A Dispute

October 23, 2017Matthew L.M. Fletcher1 Comment

Here is the opinion in Makah Indian Tribe v. Quileute Indian Tribe.

Briefs are here.

Nooksack Update in Federal RICO Action

October 11, 2017October 11, 2017Matthew L.M. Fletcher

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

October 6, 2017October 7, 2017Matthew L.M. Fletcher4 Comments

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 UPDATE: And the unpublished opinion in No Casino in Plymouth v. Zinke.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

October 3, 2017Matthew L.M. Fletcher

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:

Alaska Brief

Enviro Groups Brief

Federal Brief

Mentasta Traditional Village et al Brief

Sturgeon Brief

Ninth Circuit Briefs in Rabang v. Kelly (Nooksack RICO Matter)

September 25, 2017October 11, 2017Matthew L.M. Fletcher2 Comments

Here:

6 – Defendant-Appellants’ Opening Brief

11 – Plaintiff-Appellees’ Answering Brief

16 Appellants’ Reply Brief

Upper Skagit Prevails over Suquamish in Ninth Circuit U&A Fishing Territory Appeal

September 22, 2017Matthew L.M. Fletcher

Here is the opinion in Upper Skagit Indian Tribe v. Suquamish Indian Tribe.

An excerpt:

In this treaty fishing rights case, the Upper Skagit Indian Tribe (“the Upper Skagit”) filed a Request for Determination as to the geographic scope of the Suquamish Indian Tribe’s (“the Suquamish”) usual and accustomed fishing grounds and stations (“U&A”) as determined by Judge Boldt in 1975. Specifically, the Upper Skagit sought a determination that the Suquamish’s U&A determinations do not include Chuckanut Bay, Samish Bay, and a portion of Padilla Bay where the Upper Skagit has its own court-approved U&A determinations (“the Contested Waters”). On cross-motions for summary judgment, the district court concluded that Judge Boldt did not intend to include the Contested Waters in the Suquamish’s U&A determinations and, accordingly, granted summary judgment to the Upper Skagit. We have jurisdiction pursuant to 28 U.S.C. § 1291. Reviewing de novo, we affirm.

Briefs here.