Rule 19 – Page 5 – Turtle Talk

Ninth Circuit Briefing — Tribal Sovereign Immunity Under the Clean Water Act

October 6, 2020May 9, 2021Matthew L.M. Fletcher

Here are the briefs relevant to the sovereign immunity issue in Deschutes River Alliance v. Portland General Electric Company:

Final Tribal Amici Brief in Support of Warm Springs – File-Stamped

Appellant’s First Brief

Second Brief on Cross-Appeal – CTWS (filed 9 28 20)

Appellant’s Third Brief

Idaho Power Amicus Brief

Tribal Amicus Brief

Warm Springs Reply

And here are the lower court materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

72 Warm Springs Motion to Dismiss

74 Pacific Gas Motion to Dismiss

76 Deschutes River Response

78 Pacific Gas Reply

82 Warm Springs Reply

84 Warm Springs Brief in Support of Defendants

Federal Court Dismisses Federal Claims in Challenge to Sale of Tule Lake Airport to Modoc Nation

September 25, 2020Matthew L.M. Fletcher

Here are the materials in Tule Lake Committee v. FAA (E.D. Cal.):

7 FAA Motion to Dismiss

12 Modoc Nation Motion to Dismiss

13 City Motion to Dismiss

15 Opposition to 7

16 Opposition to 13

17 Opposition to 12

Prior suit here.

Ninth Circuit Holds Claim Falls Within Tribal Waiver of Immunity

September 23, 2020Matthew L.M. Fletcher

Here is the opinion in SPRAWLDEF v. Guidiville Rancheria of California.

Briefs here.

Connecticut, Pequot, and Mohegan Allowed to Intervene and Assert Rule 19 Defense in MGM Challenge to Gaming Compacts

September 17, 2020Matthew L.M. Fletcher

Here are the materials so far in MGM Resorts Global Development LLC v. Dept. of Interior (D.D.C.):

16 Interior Motion to Dismiss

24-1 State & Tribal Sovereigns Motion to Intervene

27 MGM Response to Motion to Dismiss

33 Reply in Support of Motion to Dismiss

34 MGM Opposition to Motion to Intervene

36 Reply in Support of Motion to Intervene

38 DCT Order Granting Motion to Intervene

We posted the complaint here.

Ninth Circuit Rejects Challenge to Jamul Indian Village Gaming Ops

September 8, 2020September 8, 2020Matthew L.M. Fletcher

Here is the opinion in Jamul Action Committee v. Simermeyer.

Briefs here.

Ninth Circuit Briefs in SPRAWLDEF v. Guidiville Rancheria of California [Rule 19]

June 18, 2020June 18, 2020Matthew L.M. Fletcher

Here:

Guidiville Opening Brief

SPRAWLDEF Answer Brief

Lower court materials here.

Update in Klamath River Flow Litigation [Rule 19 Motion]

May 18, 2020September 8, 2022Matthew L.M. Fletcher

Here are updated materials in Klamath Irrigation District v. Bureau of Reclamation (D. Or.):

Dkt 89 Magistrate Findings and Recommendation of Dismissal

ECF 70 Second Amended Complaint

ECF 73 Shasta 2nd amended complaint

ECF 74 HVT Motion to Dismiss

ECF 75 Klamath Motion to Dismiss

ECF 76 Feds Response to Motion to DIsmiss

ECF 83 Hoopa Reply Re Dismissal

ECF No 77 ShastaViewOppMotDismiss

ECF No 78 KIDopposMotDismiss

Here is a new pleading in a related case, Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):

909-1 Yurok Motion

Additional materials (9/8/22):

81 Klamath Tribes Reply

86 Magistrate Recommendation

Federal Court Reverses IBIA Decisions on Leasing Consents

April 2, 2020Matthew L.M. Fletcher

Here are the materials in Western Refining Southwest Inc. v. Dept. of the Interior (D.N.M.):

1-1 2016 IBIA Decision

1-2 2013 IBIA Decision

16 Intervenors Rule 19 Motion to Dismiss

26 Western Refinery Response

29 Intervenors Rule 12 Motion to Dismiss

30 Interior Response

31 Western Refinery Response

44 Western Refinery Brief

45 Interior Response Brief

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

March 26, 2020June 5, 2020Matthew L.M. Fletcher

Here:

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

Ninth Circuit Reverses Dismissal of Yurok Fishing Dispute with Resighini Rancheria Member

December 13, 2019Matthew L.M. Fletcher

Here is the unpublished opinion in Yurok Tribe v. Resighini Rancheria.

Briefs here.