Ninth Circuit Audio and Video in United States v. Washington Culverts Appeal

Audio and video.

Billy Frank atop a culvert
Billy Frank atop a culvert

Opening and answer briefs.

Lower court materials here and here.

State of Washington’s Opening Brief in Ninth Circuit Appeal of Culverts Decision


State’s Opening Brief

Update: Oregon Amicus

Lower court materials are here.

Judge Martinez Issues Permanent Injunction Favoring Treaty Tribes in U.S. v. Washington Culverts Subproceeding


Here is the order (briefs shortly):

752 – Memorandum and Order Granting Perm. Injunction

Tribal Supplemental Brief

US Supplemental Brief

Washington Supplemental Brief

UPDATE: Perm Injunction

Judge Martinez’s 2007 order (and materials) is here.

DC Circuit Vacates EPA Mercury Emissions — New Jersey v. EPA

Here is the opinion.

Here is a link to our previous post that included several briefs, including the tribal brief.

Congrats to the petitioners!

US v. Washington — Culverts Materials

In August, Judge Martinez granted the Stevens treaty tribes’ motion for summary judgment in the culvert subproceeding. Here are some of those materials:

Tribal Motion for Summary Judgment

State Motion for Summary Judgment

District Court Opinion

Challenge to EPA’s Mercury Rule — New Jersey v. EPA (CADC)

The D.C. Circuit will hear oral argument in the challenge to EPA’s regulations applying to coal-fired plants, New Jersey v. EPA, on December 6, 2007. The panel includes Judges Rogers, Tatel, and Brown. The order on oral argument is here: D.C Circuit Order

Selected briefs are included below:

State Governments Opening Brief

Environmental Groups Opening Brief

Treaty Tribes Opening Brief

EPA Brief

Brief of States Supporting EPA

State Government Reply Brief

Environmental Groups Reply Brief

Treaty Tribes Reply Brief