Split Ninth Circuit Panel Affirms Felony Sentence for Eagle Acts Violation

Here is the opinion in United States v. Crooked Arm.

Ninth Circuit Materials in Lyon v. Gila River Indian Community

Here:

Gila River Opening Brief

Lyon Answer Brief

Gila River Reply Brief

Oral argument video here.

Prior CA9 opinion materials here.

Here are the issues in the case, according to the tribe: Continue reading

Ninth Circuit Materials in False Claims Act Appeal against Salish Kootenai College

Here are the briefs in Cain v. Salish Kootenai College:

Opening Brief

College Brief

CSKT Brief

Reply

Oral argument video here.

Lower court materials in Cain v. Salish Kootenai College (D. Mont.):

16 Motion to Dismiss

21 Opposition

26 Reply

30 CSKT Amicus Brief

39 DCT Order

Ninth Circuit Materials in Protecting Arizona’s Resources and Children v. Federal Highway Administration

Here are the briefs:

Gila River Indian Community Opening Brief

Tohono O’odham Nation Amicus Brief

State Brief

Federal Brief

Lower court order:

132 DCT Order

Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.

Here are the briefs:

Opening Brief

Others briefs TK.

Lower court materials tag here.

Ninth Circuit Briefs in Jamul Action Committee Appeal

Here are the briefs (so far) in Jamul Action Committee v. [Chaudhuri]:

Jamul Action Committee Opening Brief

Federal Answer Brief

Tribe Answer Brief

Reply

Lower court materials here.

Ninth Circuit Rejects Challenges to Navajo Generating Station Clean Air FIP

Here is the opinion in Yazzie v. EPA. Here is the opinion in Hopi Tribe v. EPA. The Yazzie opinion is the lead opinion and has more details.

Materials in the Yazzie appeal are here. Materials in the Hopi appeal are here (some of the Yazzie briefs are here, too).

House Judiciary Subcommittee Hearing on Splitting the Ninth Circuit

Here.

 

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Ninth Circuit Affirms Dismissal of Challenge to Tribal Leasing Regs

Here is the opinion in Desert Water Agency v. Dept. of the Interior.

An excerpt from the court’s summary:

The panel affirmed the district court’s dismissal for lack of standing and ripeness of a complaint brought by the Desert Water Agency (“DWA”), a political subdivision of the State of California, against the United States Department of the Interior and its Bureau of Indian Affairs, challenging a federal regulation that DWA believed might preempt certain taxes and fees DWA assessed against non-Indians who leased lands within an Indian reservation.

New federal regulation 25 C.F.R. § 162.017 concerns taxes applied to leases approved on Indian lands to third parties. DWA provides water supplies and water services to businesses and residences in Riverside County, California, and charges fees and taxes to non-Indians who lease land from the Agua Caliente Band of Cahuilla Indians within the Agua Caliente Indian Reservation.

The panel held that § 162.017 did not purport to change existing law, and therefore, did not itself operate to preempt DWA’s charges, and did not command DWA to modify its behavior by doing or refraining from doing anything. The panel concluded that DWA lacked standing because it had not suffered a cognizable injury at the hands of the Department of the Interior.

Briefs:

Opening Brief

Federal Brief

Reply Brief

Lower court materials here.