Here:
Big Lagoon — CA9 Order Setting Oral Argument
En banc materials here.
Panel materials here.
Here is the court’s opinion in United States (Lower Elwha Klallam Indian Tribe) v. Lummi Tribe:
The court’s syllabus:
The panel reversed the district court’s summary judgment entered in favor of the Klallam Tribe in a case involving a fishing territory dispute between two sets of Indian Tribes, brought pursuant to the continuing jurisdiction of the 1974 “Boldt Decree” issued by the U.S. District Court for the Western District of Washington.
The panel held that the issue of whether the waters immediately to the west of northern Whidbey Island were part of the Lummi Tribe’s usual and accustomed fishing grounds had not yet been determined. The panel held, therefore, that the district court erred in concluding that the issue was controlled by law of the case. The panel remanded to the district court for further proceedings.
Judge Rawlinson dissented because she would hold that the district court properly applied the law of the case doctrine where the fishing rights issue was addressed in the prior opinion United States v. Lummi Indian Tribe, 235 F.3d 443 (9th Cir. 2000).
Briefs and other materials here.
Here are the briefs in Cosentino v. Pechanga Band of Luiseño Mission Indians:
Repky brief TK
Lower court materials (C.D. Cal.):
Here:
National Council of Native American Churches et al. Amicus Brief
Lower court materials here. And here.
Prior Ninth Circuit materials here.
Here is the opening brief in Confederated Tribes and Bands of the Yakama Indian Nation v. Alcohol and Tobacco Tax and Trade Bureau:
Lower court materials in King Mountain Tobacco Co. v. Alcohol and Tobacco Tax and Trade Bureau (E.D. Wash.) are here.
Here are the materials in Blue Lake Rancheria v. Morgenstern (E.D. Cal.):
Blue Lake had prevailed in the Ninth Circuit before.
Here:
2014-07-03 Washburn Letter to Norris re Trust Decision
This is on remand from the Ninth Circuit’s mandate.
Here:
2014 0611 Order Granting Petition for Rehearing En Banc
En banc petition here. Supporting amicus briefs here.
Lower court materials here.
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