Sauk-Suiattle Indian Tribe v. City of Seattle

SCOTUS Denies Two Indian Law Cert Petitions

Matthew L.M. Fletcher

Here is today’s order list.

The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.

Washington COA Restores Sauk-Suiattle Nuisance Claim against City of Seattle

Matthew L.M. Fletcher

Here are the materials in Sauk-Suiattle Indian Tribe v. City of Seattle (Wash. Ct. App.):

Opinion.pdfDownload
836323 Appellant’s Brief.PDFDownload
836323 Respondent’s Brief.PDFDownload
836323 Appellant’s Reply.PDFDownload
836323 Amicus Curiae Skagit County.PDFDownload
836323 Answer to Amicus Curiae Respondent City of Seattle.PDFDownload
“American Indians protesting a hydroelectric dam.”

Ninth Circuit Panel Affirms City of Seattle’s Removal of Sauk-Suiattle Dam Suit to Federal Court, Asks for En Banc Review of Circuit Precedent on Removal . . . Good for procedure nerds, I’m sure.

Matthew L.M. Fletcher

Here is the opinion in Sauk-Suiattle Indian Tribe v. City of Seattle.

Briefs here.

Impressionist painting of the removal of a state court complaint to federal court — DALL-E

Tribal Court Dismisses Suit by Salmon against the City of Seattle

Matthew L.M. Fletcher

Here is the order in Sauk-Suiattle Indian Tribe v. City of Seattle (Sauk-Suiattle Tribal Court):

Second Order on City of Seattles Motion to Dismiss (1).pdfDownload

Complaint here.

Ninth Circuit Materials in Tribal Challenge to Seattle’s Dams

Matthew L.M. Fletcher

Here are the briefs in Sauk-Suiattle Indian Tribe v. City of Seattle:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload
Appellant Supplemental Brief.pdfDownload
Appellee Supplemental Brief.pdfDownload

Lower court materials here.

Washington Federal Court Orders Tribal Court Exhaustion in Sauk-Suiattle Dam Suit

Matthew L.M. Fletcher

Here are the materials in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):

13 Motion to Dismiss.pdfDownload
24 Response.pdfDownload
29 Reply.pdfDownload
31 DCT Order.pdfDownload

Prior post here.

Grist: “Do salmon have rights?”

Matthew L.M. Fletcher

Here.

Siwash Indian fishing for salmon – pushing down the net, Fraser River, B.C., Canada

Sauk-Suiattle Moves to Dismiss Seattle’s Federal Court Effort to Prevent Tribal Court Proceeding to Continue

Matthew L.M. Fletcher

Here is the motion to dismiss in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):

13 Sauk-Suiattle Motion to Dismiss.pdfDownload

Prior post here.

City of Seattle Sues to Stop Sauk-Suiattle Tribal Court Suit over Rights of Nature

Matthew L.M. Fletcher

Here are the materials in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):

Sauk-Suiattle Canoe Racers

2 Complaint

2-1 Exhibit A

2-2 Exhibit B

2-3 Exhibit C

2-4 Exhibit D

2-5 Exhibit E

2-6 Exhibit F

2-7 Exhibit G

2-8 Exhibit H

2-9 Exhibit I

2-10 Exhibit J

2-11 Exhibit K

Tribal court suit here.