Ninth Circuit – Page 78

Swinomish-Licensed Smokes Sellers Prevail (In Part) in the Ninth Circuit on CCTA Charges

April 6, 2012Matthew L.M. Fletcher

Here are the materials in United States v. Wilbur:

CA9 Opinion (per Judge W. Fletcher, with partial dissent by Judge Rawlinson)

An excerpt:

For the reasons that follow, we agree with the Wilburs that during the period from 2003 to 2005, when they were licensed to sell tobacco by the Swinomish Tribe, there were no “applicable State or local cigarette taxes” under the CCTA. We also agree with the Wilburs that the five-year statute of limitations for CCTA violations bars any charges based on activity from 1999 to 2003. We conclude, however, that after their tribal tobacco license expired in 2005, the Wilburs’ activities ceased to be covered by the Swinomish cigarette tax contract (“CTC”), and that the state’s retrocession therefore ceased to apply. The unstamped cigarettes the Wilburs transported and sold during this period were thus “contraband” under the CCTA. We reject the Wilburs’ due process and treaty arguments.

Amicus Brief to Which NCAI Signed On To in SCt Case Challenging Arizona’s Immigration Law

April 5, 2012Matthew L.M. Fletcher

Here:

NCAI Brief in Arizona v US

Lower court materials, and Tohono O’odham Nation’s Ninth Circuit amicus brief.

Ninth Circuit Rejects Challenge to Cal. Anti-Affirmative Action Statute

April 2, 2012April 2, 2012Matthew L.M. Fletcher1 Comment

Here is the opinion.

Ninth Circuit Briefing in State Eminent Domain Case against Tohono O’odham Nation

March 23, 2012Matthew L.M. Fletcher2 Comments

Here are the materials in Tohono O’Odham Nation v. City of Glendale:

Arizona & Glendale Brief

TON Principal Brief

Arizona & Glendale Reply

TON Reply

Lower court materials are here.

Ninth Circuit Reverses Dismissal of Effort to Avoid Navajo Jurisdiction — UPDATED with Briefs

March 15, 2012March 15, 2012Matthew L.M. Fletcher1 Comment

Here is the opinion in Salt River Project v. Lee.

Lower court materials here.

~~More materials later.~~

Update — here are the briefs:

Salt River Opening Brief

Navajo Response Brief

Salt River Reply Brief

Federal Court Rejects Navajo Motion to Dismiss EEOC v. Peabody Coal

March 14, 2012Matthew L.M. Fletcher

Here is that opinion:

DCT Order Denying Navajo Motion to Dismiss

This case is on remand from the Ninth Circuit. It involves the validity of the Navajo Preference in Employment statute under Title VII.

Update in Native Village of Kivalina v. ExxonMobile

February 28, 2012Matthew L.M. Fletcher1 Comment

Not much actually, just the oral argument audio and video.

Opening, answering, and amicus briefs are here.

Supplemental Briefs are here:

Kivalina Supplemental Brief

Industry Supplemental Brief

Update in Gila River v. US (Challenge to Tohono O’Odham Trust Acquisition in Ninth Circuit)

February 14, 2012Matthew L.M. Fletcher2 Comments

This is the news report noting that the Ninth Circuit will hear oral argument in this case in April (via Pechanga).

Here are the opening briefs.

And the rest of the briefs are now in:

Interior Answering Brief

Tohono O’odham Nation Brief

City and State Reply Brief

Gila River Reply

Rios and Terry Reply

Ninth Circuit Rejects Save the Peaks’ Effort to Stop the Arizona Snowbowl, Labels Effort a “Gross Abuse of the Judicial Process”

February 9, 2012Matthew L.M. Fletcher3 Comments

Here is today’s opinion in Save the Peaks v. United States Forest Service, where the court opens with:

This case represents a gross abuse of the judicial process. Just when Defendants-Appellees United States Forest Service and Joseph P. Stringer (USFS), and Intervenor-Defendant Arizona Snowbowl Resort Limited Partnership (ASRLP) had successfully defended an agency decision to allow snowmaking at a ski resort on federal land all the way to the United States Supreme Court, “new” plaintiffs appeared.

Here are the briefs:

Save the Peaks Opening Brief

Federal Response Brief

Arizona Snowbowl Response Brief

Save the Peaks Reply Brief

Oral argument audio here.

Lower court decision here.