Ninth Circuit

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

Matthew L.M. Fletcher3 Comments

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CA9 Unpublished Memorandum w Dissent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

Matthew L.M. Fletcher1 Comment

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

D.C. Circuit Briefs in Amador County v. Dept. of Interior (Amador II) — Buena Vista Rancheria Motion to Intervene

Matthew L.M. Fletcher1 Comment

Here:

Buena Vista Opening Brief

Amador County Brief

Buena Vista Reply Brief

DOI Letter

UPDATE: oral argument audio here.

Lower court materials:

59-1 Buena Vista Rancheria Motion to Intervene

61 Amador County Opposition

62 Buena Vista Reply

65 DCT Order Denying Motion to Intervene

Materials in related cases:

Materials in Amador I.

Materials in Friends of Amador County v. Jewell.

Ninth Circuit Affirms Dismissal of Pro Se Trust Breach Claim against Office of Hawaiian Affairs

Matthew L.M. Fletcher

Here are the materials in Amsterdam v. Office of Hawaiian Affairs:

CA9 unpublished opinion

Amsterdam Opening Brief

OHA Brief

Amici Supporting Big Lagoon Rancheria’s En Banc Petition

Matthew L.M. Fletcher1 Comment

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.

Big Lagoon Rancheria En Banc Petition

Matthew L.M. Fletcher2 Comments

Here:

Petition for Panel Rehearing

The panel materials are here.

Ninth Circuit Briefs in Shingle Springs of Miwok Indians v. Caballeros

Matthew L.M. Fletcher

This is a trademark dispute between the federally recognized Shingle Springs Band of Miwok Indians and an unaffiliated man purporting to act as “Chief” of the “Shingle Springs Band of Miwok Indians.”

Here:

034 – Brief of Appellant Cesar Caballero(81539037_1)

040-1 – Answering Brief of Appellee Shingle Springs Band of Miwok Indians(81902896_1)

Lower court materials here.

Cert Opposition Briefs in Katie John Appeal

Matthew L.M. Fletcher

Here are the opposition briefs in Alaska v. Jewell:

Federal Cert Opp Brief

Katie John Cert Opp [A second brief with the appendix: AFN Alaska v Jewell BIO app]

Cert petition here.

Ninth Circuit Grants En banc Review of Zepeda Major Crimes Act Indian Status Case

Matthew L.M. Fletcher3 Comments

Here is the order.

Our last post, with links to briefs, is here.

Ninth Circuit Rejects FTCA/Bivens Claims against Federal & Tribal Officers

Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion in Dupris v. McDonald.

An excerpt:

In 2006, Jesse Dupris and Jeremy Reed (the “Plaintiffs”) were arrested on tribal charges for assaults they did not commit. In 2008, they commenced this action against the members of the federal Task Force that arrested them and the United States under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671-2680. The district court granted summary judgment for the defendants and Plaintiffs have appealed. We affirm, concluding that: (1) the Plaintiffs’ claims against two members of the Task Force are barred by the applicable statute of limitations; (2) the remaining individual defendants were entitled to qualified immunity; and (3) the United States is immune from liability under the FTCA pursuant to the discretionary function exception.

Briefs and lower court materials here.