The Ninth Circuit, in an unpublished disposition, affirmed a district court decision upholding Montana’s ban on non-Indian hunting on the Crow Reservation. The opinion is unpublished.
Here is a link to the briefs.
Ninth Circuit
Roberts v. Hagener — Equal Protection Claim re: Montana State Hunting Laws
Here are the briefs in a claim pending before the Ninth Circuit that state hunting laws are violative of the equal protection clause as discrimination against non-Indians.
Barona Band v. Yee — CA9 Tax Case
Indianz reports the Ninth Circuit issued an opinion in Barona Band v. Yee. Here are the briefs:
Billings Gazette Special Report on Tribal Sovereignty
From the Billings Gazette:
When the last of the bison herds disappeared in the early 1880s, Indian nations on the Northern Plains were reduced to poverty.
In Montana, where there are no high-flying gambling operations and big population centers, economic conditions for American Indians have been slow to change. Unemployment is rampant, and business opportunities are scarce.
Through various acts of Congress, tribes are contracting with the federal government to provide essential services to their people. But federal funds, static for years, are shrinking. Tribes are taking on more responsibilities than ever for the welfare of their people and are pursuing economic opportunities to support their efforts.
Ninth Circuit Affirms Constitutionality of Bald Eagle Protection Act
In consolidated cases, the Ninth Circuit affirmed the constitutionality of prosecuting American Indians under the Bald and Golden Eagles Protection Act, rejecting a challenge under the Religious Freedom Restoration Act. A similar case is under review by the Tenth Circuit (United States v. Friday).
The Ninth Circuit applied a 2003 precedent, United States v. Antoine, upholding the law under similar facts. Here are the materials.
California Compact Dispute Argued before the Ninth Circuit
Here are the briefs in San Pasqual Band v. Schwarzenegger:
california-tribal-business-assn-amicus
And here is news coverage from Indianz:
Marceau v. Blackfeet Housing Authority — Rehearing
As reported on Indianz, the CA9 issued a revised opinion in this matter. Here are the briefs:
Klamath v. Pacificorp – Ninth Circuit Dismisses Treaty Claims
The Ninth Circuit refused to reverse a district court opinion finding no implied cause of action in the Klamath treaties for damages related to the Klamath River fishkills. The Court held without opinion that Skokomish Indian Tribe v. United States foreclosed the claim.
Newcombe: “Examing the Oral Arguments in Dann”
From Indian Country Today:
The Internet is amazing. I came across the audio (along with a written transcript) of the 1984 oral arguments in the case U.S. v. Dann. By listening to the audio recording, we are able to experience the arguments made 24 years ago before the Rehnquist Supreme Court regarding the issue of Western Shoshone land rights.
Robert McConnell, Assistant U.S. Attorney General, argued on behalf of the United States, which was suing Mary and Carrie Dann for allegedly trespassing on ”public lands” (Western Shoshone lands) by grazing their livestock without a permit from the Bureau of Land Management. McConnell opened by saying: ”Mr. Chief Justice, and may it please the Court, this case comes before this Court on writ of certiorari to the Ninth Circuit Court of Appeals. It concerns the finality effect of Section 22(a) of the Indian Claims Commission Act.”
Wildenthal on Donovan v. Coeur d’Alene Tribal Farm — MSU Law Review
Bryan Wildenthal has posted “How a Ninth Circuit Panel Opinion Overruled a Century of Supreme Court Indian Law Jurisprudence — And Has So Far Gotten Away With It” on SSRN. This paper is part of the Michigan State Law Review’s symposium on federal labor law and tribal sovereignty.
Here’s the abstract:
Turtle Talk 
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