Ninth Circuit Rejects Challenge to Beaufort Sea Oil Exploration Approvals

Here are the materials in Native Village of Point Hope v. Salazar (CA9 opinion here) (oral argument audio here):

Petitioners Opening Brief

Interior Answering Brief

Industry Amicus Brief

Alaska Native Corporations Amicus in Support of Respondents

Petitioners Reply

Petitioners Supplemental Brief

Alaska Response to Petitioner Supplemental Brief

Interior Supplemental Brief

Supplemental Brief of Respondents

Shell Oil Supplemental Brief

Ninth Circuit Vacates Sentence of Salt River Member

Apparently, the judge who handled his case at trial was absent that day, so they got a substitute judge.

Here is the opinion in United States v. Harris.

Complete Briefing in Big Lagoon Rancheria Class III Compact Dispute with California

Here are the briefs:

California Brief

Big Lagoon Brief

California Reply

Big Lagoon Reply

Lower court materials here.

Briefing in Cahto Tribe Appeal of Federal Order to Re-Enroll Disenrollees

Here are the Ninth Circuit briefs in Cahto Tribe of the Laytonville Rancheria v. Dutschke:

Cahto Opening Brief

BIA Answering Brief

Sloan Family Amicus Brief

Cahto Reply

lower court materials here.

Ninth Circuit Affirms Dismissal of Civil Rights Complaint re: Little Shell Leadership Dispute

Here are the materials in Shield v. Sinclair:

CA9 opinion

Shield Opening Brief

Ninth Circuit Briefing in City of Yreka’s Effort to Block Karuk Trust Acquisition for Medical Center

Here are the materials (so far) in City of Yreka v. Salazar:

City of Yreka Opening Brief

Interior Dept Brief

Lower court materials here.

Ninth Circuit Finds No Colorable Tribal Jurisdiction over Rincon Mushroom

Here are the materials in Rincon Mushroom Corp. v. Mazzetti:

CA9 Unpublished Opinion

Rincon Mushroom Opening Brief

Rincon Band Answering Brief

Rincon Band Motion to Take Judicial Notice

Rincon Mushroom Reply

Rincon Mushroom Motion to Take Judicial Notice

Lower court materials here.

An excerpt from the Ninth Circuit opinion:

The Tribe argues that the non-member fee land at issue could potentially contaminate the Tribe’s water supply, or exacerbate a future fire that might damage the Rincon Casino. However, these possibilities do not fall within Montana’s second exception, which requires actual actions that have significantly impacted the tribe. Compare id. at 341 (“The sale of formerly Indian-owned fee land to a third party . . . cannot fairly be called ‘catastrophic’ for tribal self-government. . . .”) (citation omitted); and Strate v. A-1 Contractors, 520 U.S. 438, 458-59 (1997) (ruling that tribal court jurisdiction over tort suits is not “needed to preserve the right of reservation Indians to make their own laws and be ruled by them”) (citation and internal quotation marks omitted), with Elliott, 566 F.3d at 844, 849-50 (holding that the tribal court had colorable jurisdiction where a non-Indian started a forest fire on reservation land).

To hold that the potential threats of harm presented on this record give rise to tribal jurisdiction under Montana’s second exception would allow the exception to swallow the rule; any property within the Rincon Reservation faces  similar potential threats. See Plains Commerce, 554 U.S. at 330. Because the potential threats did not create a plausible basis for tribal court jurisdiction, the district court erred when it dismissed RMCA’s Complaint for failure to exhaust tribal remedies.  See Elliott, 566 F.3d at 848.

Compare that language to the lower court’s description of the same allegation:

Defendants have submitted evidence indicating that conduct on Plaintiff’s property “pose direct threats to the Tribe’s groundwater resources.” (Minjares Decl. ¶ 29, Doc. # 52). Defendants also have submitted evidence that “[c]onditions on the Subject Property during the [2007] Poomacha Fire contributed to the spread of wildfire from that property to Tribal lands across the street on which the Casino is located.” (Mazzetti Decl. ¶ 15, Doc. # 17-2). Although Plaintiff disputes this evidence, Defendants have shown that conduct on Plaintiff’s property plausibly could threaten the Tribe’s groundwater resources and could contribute to the spread of wildfires on the reservation. This showing is sufficient to require exhaustion, given the relief requested by the first two counts of the Complaint.

Ninth Circuit Oral Argument Audio in City of Glendale v. US (Tohono O’odham Trust Acquisition)

Here.

Confederated Salish and Kootenai Tribes Seek to Register Sacred Site and Prevent Mining

The Confederated Salish and Kootenai Tribes are attempting to list a sacred site on the National Register of Historic Places in hopes of stopping plans to mine Chicago Peak. Stories are here and here.

Case material (unsuccessful efforts to stop the mining project) referenced in the articles:

U.S. Fish and Wildlife Review Material

District Court Opinion

Ninth Circuit Opinion

Ninth Circuit Rejects RFRA Money Claims in Hawaii-Based Native American Church Case Involving Marijuana

Here are the materials in today’s opinion in Oklevueha Native American Church v. Holder:

Oklevueha Opening Brief

US Appellee Brief

Oklevueha Reply Brief

CA9 Opinion

Lower court materials here.