Ninth Circuit – Page 70

Just after news broke that Tribe’s Red Hawk Casino was about to open several years ago, Cesar Caballero began his campaign to usurp the Tribe’s established identity. There are many fascinating twist and turns to this story, including Mr. Caballero’s conviction for obstruction of mail after submitting a fraudulent change of address form to have the Tribe’s mail diverted to his address. Earlier in the case (a few years back) he filed unsuccessful counterclaims seeking relief for alleged violation of his trademarks and challenging the Tribe’s status. The court dismissed the counterclaims with prejudice.

Here are the materials:

220 – Third Amended Complaint

236.1 – MPA re Summary Judgment Motion

258 – Caballero Response to Summary Judgment Motion

259 – Order Granting Summary Judgment And Entering Permanent Injunction

Chehalis Asks Ninth Circuit to Take Judicial Notice of New Interior Regulations re: Taxability of Trust Land Improvements

February 5, 2013Matthew L.M. Fletcher1 Comment

Here is the motion in Confederated Chehalis Tribes v. Thurston County Board of Equalization:

Chehalis Motion to Take Judicial Notice

The federal regs are here. 25 CFR 162.017 reads:

Subject only to applicable Federal law, permanent improvements on the leased land, without regard to ownership of those improvements, are not subject to any fee, tax, assessment, levy or other charge imposed by any State or political subdivision of a State. Improvements may be subject to taxation by the Indian tribe with jurisdiction.

Briefs are here. Lower court materials here.

Ninth Circuit Rejects Havasupai/Kaibab Paiute Challenge to Uranium Mine

February 4, 2013Matthew L.M. Fletcher2 Comments

Here is the opinion in Center for Biological Diversity v. Salazar. From the court’s summary:

The panel affirmed the district court’s judgment in favor of the Secretary of the Interior and the U.S. Bureau of Land Management in an action challenging the decision to allow Denison Mines Corp. to restart mining operations at the Arizona 1 Mine. As a threshold issue, the panel held that a decision made by a prior panel of this court affirming the district court’s denial of appellants’ preliminary injunction motion did not become law of the case as to any issue. The panel held that the Bureau of Land Management did not violate the National Environmental Policy Act, the Federal Land Policy and Management Act, and BLM’s own regulations, by permitting Denison Mines to restart mining operations under a plan of operations that BLM approved in 1988. The panel also held that BLM’s update of the Arizona 1 Mine reclamation bond should not be set aside. Finally, the panel held that BLM’s application of the categorical exclusion for issuance of the Robinson Wash gravel permit was not arbitrary and capricious or otherwise not in accordance with law.

Briefs and materials here.

NYTs Article on Oravec v. Cole

February 3, 2013February 3, 2013Matthew L.M. Fletcher

Here.

An excerpt:

Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United States Supreme Court has ruled.

Ninth Circuit materials here.