Oral Argument Audio in EEOC v. Peabody Western Coal

Here.

Briefs are here.

National Association of Criminal Defense Lawyers Amicus Brief Filed in United States v. Zepeda

Here:

Criminal Defense Attorney Amicus

Prior posts here (order granting en banc review), and links to briefs here.

 

Ninth Circuit Materials in Chemehuevi Indian Tribe v. Jewell: Tribal Land Assignment Dispute

Here:

Chemehuevi Opening Brief

Interior Response Brief

Chemehuevi Reply Brief

Oral argument audio here.

Lower court (C.D. Cal.) materials here:

6 Interior Motion to Dismiss

7-1 Chemehuevi Motion for Summary J

16 Chemehuevi Opposition

17 Interior Opposition

24 Interior Reply

25 Chemehuevi Reply

26 Interior Reply

30 DCT Order

 

Ninth Circuit Materials in Redding Rancheria Challenge to IGRA Section 20 Regulations

Here are the materials in Redding Rancheria v. Salazar [Jewell]:

Redding Rancheria Opening Brief

Robinson Rancheria Amicus Brief

Interior Answer Brief

Redding Rancheria Reply

Oral argument audio here.

Lower court materials here and here.

Ninth Circuit Materials in U.S. v. Washington Subproceeding — Klallam Tribes v. Lummi Tribe

Here:

Lummi Opening Brief

Klallam Tribes Answer Brief

Lummi Reply

Oral argument audio here.

Lower court materials here.

Prior CA9 opinion and materials here.

Nez Perce to Propose Hunting Bison in Yellowstone

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.

Final Wash. Dept. of Revenue Tax Advisory on Permanent Improvements on Tribal Trust Land

Here:

FAQs – Improvements on Trust Land

PTA Improvements on Tribal Trust Land Final

Interim guidance was here.

Supreme Court Denies Cert in Alaska v. Jewell — Alaska Subsistence Rights

Very big deal!

Here is the order list.

Cert stage briefs here:

State of Alaska Petition and Appendix

Federal Cert Opp Brief

AFN Cert Opp

Lower court materials here.

Ninth Circuit Affirms Interior’s Decision to Authorize Gold Mine on Mt. Tenabo

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CA9 Unpublished Memorandum w Dissent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.

Split Ninth Circuit Panel Affirms Federal Tongass Roadless Rule

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:

Alaska Opening Brief

Amicus Brief Supporting Appellant

Tribal and Environmental Brief

Alaska Reply