Here are the materials in Redding Rancheria v. Salazar [Jewell]:
Redding Rancheria Opening Brief
Robinson Rancheria Amicus Brief
Oral argument audio here.
Here are the materials in Redding Rancheria v. Salazar [Jewell]:
Redding Rancheria Opening Brief
Robinson Rancheria Amicus Brief
Oral argument audio here.
Here.
Wonder if we’ll have some litigation. The Yellowstone bison herd has been the subject of suits in the Ninth Circuit and the Montana Supreme Court.
Here:
FAQs – Improvements on Trust Land
PTA Improvements on Tribal Trust Land Final
Interim guidance was here.
Very big deal!
Cert stage briefs here:
State of Alaska Petition and Appendix
Lower court materials here.
Here is the order in Te-Moak Tribe of Western Shoshone Indians of Nevada v. Dept. of Interior:
CA9 Unpublished Memorandum w Dissent
An excerpt from the dissent:
The BLM’s analysis of why E.O. 13007 did not apply was faulty for three reasons: the analysis failed to recognize that comments regarding the proposal did point to the area where the mine is being built as an area in which worship occurs; it demanded quantification of that use as a condition of Executive Order coverage, when no such quantification is necessary; and it required greater specificity of location than comports with Shoshone religious practices. As to the last point, to require greater specificity would interfere with Shoshone religious practices, as those practices appear to regard certain recognized natural areas, rather than specific set locations, as places for worship.
Briefs are here.
Here is the opinion in Organized Village of Kake v. Dept. of Agriculture.
An excerpt:
The panel reversed the district court’s order, which invalidated a 2003 United States Department of Agriculture regulation temporarily exempting the Tongass National
Forest in Alaska from application of the 2001 Roadless Area Conservation Rule.The panel held that in its 2003 Record of Decision, the Department of Agriculture articulated a number of legitimate grounds for temporarily exempting the Tongass Forest from the 2001 Roadless Rule. The panel concluded that these grounds and the Department of Agriculture’s reasoning in reaching its decision were neither arbitrary nor capricious. The panel remanded to the district court to decide whether a Supplemental Environmental Impact Statement is required in the first instance.
Judge McKeown dissented, and would affirm the district court’s decision because the administrative record does not support the USDA’s decision in 2003 to discard its previous position and temporarily exempt the Tongass from the Roadless Rule.
Briefs:
Amicus Brief Supporting Appellant
Here:
UPDATE: oral argument audio here.
Lower court materials:
59-1 Buena Vista Rancheria Motion to Intervene
65 DCT Order Denying Motion to Intervene
Materials in related cases:
Here are the materials in Amsterdam v. Office of Hawaiian Affairs:
Here:
Big Lagoon v California – 64 – US brief
Big Lagoon v California – 67-2 – NCAI USET brief
Big Lagoon v California – 68 – CILS Ltr
The en banc petition is here.
The panel materials are here.
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