Rule 19 – Page 12 – Turtle Talk

An excerpt:

In 2005, Amador County, California brought suit against the Department of Interior challenging the Secretary’s approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians (the “Tribe”) and the State of California. After nearly six-and-a-half years of litigation, the Tribe sought to intervene for the limited purpose of moving to dismiss the amended complaint under Federal Rule of Civil Procedure 19. The district court denied the motion as untimely, and this appeal followed. Because we conclude that the district court did not abuse its discretion, we affirm.

Briefs and lower court materials here.

Supreme Court Denies Cert in Friends of Amador County v. Jewell

December 1, 2014Matthew L.M. Fletcher2 Comments

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

November 20, 2014November 20, 2014Matthew L.M. Fletcher

Here:

Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Friends of Amador County v. Jewell Cert Stage Briefs

November 17, 2014Matthew L.M. Fletcher2 Comments

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Briefs in NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

November 13, 2014February 28, 2017Matthew L.M. Fletcher1 Comment

Here are selected materials so far in Donelson v. United States (N.D. Okla.):

46 First Amended Complaint

124 B&G Motion to Dismiss

136 Devon Motion to Dismiss

148 US Motion to Dismiss

162 Donelson Response to B&G Motion to Dismiss

163 Donelson Response to Devon Motion to Dismiss

166 Donelson Response to US Motion to Dismiss

170 B&G Reply

174 US Reply

175 Devon Reply

Update (2/28/17):

229 DCT Order Dismissing Claims

Tenth Circuit Reverses Oklahoma v. Hobia Relying on Bay Mills

November 10, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion:

CA10 Opinion

Lower court supplemental briefs here.

Briefs are here.

Lower court materials here.

Buena Vista Rancheria Cert Opposition Brief

November 6, 2014Matthew L.M. Fletcher

Here:

Buena Vista Rancheria Opposition

The United States has waived its right to respond.

The cert petition is here.

Friends of Amador County v. Jewell Cert Petition

September 26, 2014September 30, 2014Matthew L.M. Fletcher1 Comment

Here:

FAC Cert Petition FILED

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.