Ninth Circuit Reverses Gila River/San Carlos Apache Water Rights Victory

Here is the opinion in Gila River Indian Community v. Schoubroek.

Here are available briefs:

Lower court materials here.

Ninth Circuit Revives NHPA Challenge to Sun Zia Transmission Line

Here is the opinion in Tohono O’Odham Nation v. Dept. of the Interior.

Briefs:

Lower court materials here.

SCOTUS Denies Cert in Apache Stronghold v. US over Lengthy Gorsuch Dissent

Here is today’s order list, with the dissent beginning on page 6.

An excerpt:

While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less. They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference. “Popular religious views are easy enough to defend. It is in protecting unpopular religious beliefs that we prove this country’s commitment to . . . religious freedom.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. 617, 649 (2018) (GORSUCH, J., concurring).

Prior posts here,

United Nations CERD Letter to United States re: San Carlos Apache Tribe’s “allegations of religious freedoms violations by the United States”

Here:

Prior post here.

Arizona DCT Stays Oak Flat Land Transfer Pending SCT Cert Decision

Here are the materials in Apache Stronghold v. United States (D. Ariz.):

150 Motion for Emergency Stay

156 Copper Company Response

157 Federal Response

162 Reply ISO 150

170 DCT Order

Federal Cert Opposition Brief in Apache Stronghold

Here:

Cert petition here. Tribal amicus briefs here.

Tribal Amicus Briefs Supporting Cert Petition in Oak Flat Case

Here:

Cert petition here.

Apache Stronghold v. United States Cert Petition

Here:

Lower court materials here.

San Carlos Apache Tribe Submission re: Oak Flat to the UN Committee on the Elimination of Racial Discrimination

Here:

Ninth Circuit Rejects Native Religious Claims in Oak Flat Land Swap Dispute

Here is the opinion in Apache Stronghold v. United States.

Links to briefs and other materials here.