This case, involving the tribal court exhaustion doctrine, was argued before the Ninth Circuit in May 2007 before Brunetti, McKeown, and William Fletcher. A parallel case is ongoing in the Yakama tribal court.
Here are the materials:
Ninth Circuit
Alaska Wilderness League v. Kempthorne
Some of the materials in the case being argued today before the Ninth Circuit as discussed in the NYTs today (see our previous post) are here:
United States v. Mitchell — Death Penalty Case at Navajo
Recently, the Ninth Circuit decided a federal death penalty case arising out the Navajo Nation. The Court rejected an argument that the Navajo Nation hadn’t opted into the death penalty in accordance with the Major Crimes Act on the theory that the federal statute at issue was a different one. In short, the Court ignored tribal sovereignty.
Alvarado v. Table Mountain Rancheria (9th Cir.) Materials
Yesterday, the Ninth Circuit affirmed the dismissal of claims by a class represented by Pearl Alvarado that they are entitled to membership in the Table Mountain Rancheria. The Ninth Circuit did not address the tribe’s claim of sovereign immunity, but instead ruled that the plaintiffs failed to establish subject matter jurisdiction.
Teck Camino Cert Petition and Briefs
The materials in the Teck Camino v. Pakootas case are at the Supreme Court Project website, here. Today, the United States responded to the Court’s call for the views of the Solicitor General by arguing in favor of a denial of the petition. In some respects, this is a victory for the tribal member plaintiffs, because it upholds the Ninth Circuit’s decision that CERCLA applies to the Canadian company’s discharges. But in another respect, it is a loss, because the EPA attempted to render the case moot by refusing to enforce its own finding that Teck Camino was liable. The SG argued that the case was moot because of this action.
Constitutional Challenge to State Hunting & Fishing Regs in Montana in CA9
The conservative property rights litigation machine Mountain States Legal Foundation sued the State of Montana for its reservation-based hunting and fishing regs. The lower court dismissed the claim, applying the rational basis test (ala Morton v. Mancari). The Ninth Circuit has yet to rule. Here are the materials.
Turtle Talk 