Rule 19

Ninth Circuit Rejects Challenge to Jamul Indian Village Gaming Ops

Matthew 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]

Matthew L.M. Fletcher

Here:

Guidiville Opening Brief

SPRAWLDEF Answer Brief

Reply

Lower court materials here.

Update in Klamath River Flow Litigation [Rule 19 Motion]

Matthew 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):

80 Hoopa Reply

81 Klamath Tribes Reply

86 Magistrate Recommendation

94 DCT Order

Federal Court Reverses IBIA Decisions on Leasing Consents

Matthew L.M. Fletcher

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

1 Complaint

1-1 2016 IBIA Decision

1-2 2013 IBIA Decision

16 Intervenors Rule 19 Motion to Dismiss

26 Western Refinery Response

27 Reply

28 DCT Order

29 Intervenors Rule 12 Motion to Dismiss

30 Interior Response

31 Western Refinery Response

32 DCT Order

44 Western Refinery Brief

45 Interior Response Brief

46 Reply

51 DCT Order

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

Matthew L.M. Fletcher

Here:

Cert Petition
 

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

Matthew L.M. Fletcher

Here is the unpublished opinion in Yurok Tribe v. Resighini Rancheria.

Briefs here.

Ninth Circuit Affirms Dismissal of Challenge to Jamul Casino

Matthew L.M. Fletcher

Here is the unpublished opinion in Rosales v. Dutschke.

Briefs here.

Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant

Matthew L.M. Fletcher

Here is the opinion in Diné Citizens against Ruining Our Environment v. Bureau of Indian Affairs.

Briefs here.

Federal Court Rejects Rule 19 Motion by Guidiville Rancheria

Matthew L.M. Fletcher

Here are the materials in Sprawldef v. City of Richmond (N.D. Cal.):

1-notice-of-removal.pdf

1-1-complaint.pdf

45-guidiville-rancheria-mtd.pdf

53-opposition.pdf

55-reply.pdf

58-dct-order.pdf

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.