Here are the materials in Gilbertson v. Quinault Indian Nation:
Ninth Circuit
BIA Agent Subject to Bivens Action Files Cert Petition
Here is the petition in Oravec v. Cole:
The question presented:
Whether a motion to dismiss brought by a federal law enforcement officer asserting qualified immunity should be granted under Aschroft v. Iqbal, 556 U.S. 662 (2009), where the complaint alleges a Bivens claim through nothing more than a formulaic recitation of the elements of the cause of action, general and unsupported statistics and musings, and alleged policy problems having nothing to do with the particular officer.
Lower court materials here.
Ninth Circuit Rejects Challenge to Interior’s Management of Yellowstone Bison Herd
Ninth Circuit Panel Withdraws Sanctions against Howard Shanker (Atty in San Francisco Peaks Case)
Here:
174 Order Withdrawing Sanctions
The order with the sanctions included is here. En banc petition and amicus brief seeking the withdraw of the sanctions are here and here.
Ninth Circuit Briefing in Dupris v. Procter (FTCA Claim against White Mountain Apache Officers)
Ninth Circuit Affirms Juvenile Conviction under Major Crimes Act
Here is the opinion in United States v. H.B.
An excerpt:
H.B. appeals his adjudication as a juvenile delinquent for aiding and abetting his cousin, W.B., in committing aggravated sexual abuse against their female friend, T.T.W., on an Indian reservation.1 18 U.S.C. §§ 5031 et seq.; 18 U.S.C. § 1153(a); 18 U.S.C. § 2. On appeal, H.B. claims that there was insufficient evidence to support his adjudication. In addition, H.B. contends that the district court imposed an unreasonable sentence by ordering him to spend 18 months at a juvenile correctional detention facility followed by 12 months of juvenile delinquent supervision. We disagree, and affirm the adjudication and sentence.
Ninth Circuit Affirms Fed. Court Jurisdiction over ANCSA Claims
Here are the materials in Cook Inlet Region, Inc. v. Rude:
Cook Inlet Region Answer Brief
Lower court materials:
Ninth Circuit Affirms Dismissal of Native Village of Kivalina’s Challenge to Red Dog Mine
Here is the opinion.
An excerpt:
Petitioners Native Village of Kivalina IRA Council, Native Village of Point Hope IRA Council, Alaska Community Action on Toxics, and Northern Alaska Environmental Center (collectively, Kivalina) appeal the United States Environmental Protection Agency Environmental Appeals Board’s (the EAB) order denying review of their challenges to a permit authorizing Intervenor Teck Alaska, Inc. (Teck) to discharge wastewater caused by the operation of the Red Dog Mine. The EAB concluded that Kivalina had not satisfied the procedural requirements to obtain review under 40 C.F.R. § 124.19(a) because it did not demonstrate why the United States Environmental Protection Agency’s (the EPA) responses to comments were clearly erroneous or otherwise warranted review. We agree that Kivalina did not meet the requirements of § 124.19, and we deny Kivalina’s petition for review.
Here are the briefs:
Sharply Split Ninth Circuit En Banc Panel Finds Insufficient Evidence of Aboriginal Subsistence Fishing Rights
Here is today’s opinion.
Briefs and oral argument materials are here.
Ninth Circuit Panel Agrees to Re-Hear Rincon Mushroom Tribal Court Exhaustion Case
Here is that order, along with the unpublished opinion ordering a stay of the trial court case.
The petition stage materials:
Santa Ynez et al Amicus Brief in Support of Petition
Pala Band et al Amicus Brief in Support of Petition
Mazzetti Request to Take Judicial Notice
Rincon Mushroom Opposition to Judicial Notice Request
Panel materials are here.
Trial court materials are here.
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