Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge

Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.

Briefs:

Klamath irrigation Opening Brief

Shasta View Opening Brief

Hoopa Answer Brief

Klamath Answer Brief

Federal Answer Brief

Shasta View Reply

Reply

Lower court materials here.

Seventh Circuit Holds State May Not Tax Alienable Lands of Tribal Members on L.C.O. Reservation

Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers:

Briefs and lower court materials here.

Snoqualmie v. Washington Cert Petition

Here:

Questions presented:

  1. Whether the federal courts have the constitutional authority to unilaterally abrogate all rights guaranteed to an Indian tribe under a treaty with the United States absent congressional action.
  2. Whether the Ninth Circuit erred by applying issue preclusion to hold that Snoqualmie was not a party to the Treaty even though the Executive Branch expressly recognizes Snoqualmie as a Treaty party.

Lower court materials here.

Amicus briefs in support of the petition:

Samish Indian Nation v. Washington Cert Petition

Here:

Appendix

Questions presented:

  1. Whether Eleventh Amendment sovereign immunity and tribal sovereign immunity deprived the lower courts of subject-matter jurisdiction over the Snoqualmie Indian Tribe’s claim, requiring dismissal on that ground under United States Supreme Court precedent including Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1996).
  2. Whether, under United States Supreme Court precedent including Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (1999) and Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), an issue preclusion dismissal is a merits dismissal and excluded from the threshold grounds among which a federal court may choose to dismiss a case before establishing its subject-matter jurisdiction.
  3. Whether, under United States Supreme Court precedent including Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), jurisdictional issues in this case were not “arduous” or “difficult to determine” because the lower courts could readily determine that they lacked jurisdiction, such that those courts committed reversible error in bypassing determination of their subject-matter jurisdiction and proceeding to dismiss the case instead with prejudice on issue preclusion grounds.
“Siwash” Indians Harvesting Hops at Snoqualmie

Lower court materials here.

Penobscot Nation + US Cert Petitions against Maine in Penobscot River Dispute

Here is the petition in Penobscot Nation v. Frey:

Here is the petition in United States v. Frey:

Question presented (from the Penobscot petition):

Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the Penobscot Reservation encompasses the Main Stem of the Penobscot River.

Lower court materials here.

Update:

NCAI Amicus Brief

Members of Congress Amicus Brief

Maine State-Tribal Commission Amicus Brief

SCOTUS Denies Cert in in Perkins v. Commissioner of Internal Revenue

Here is today’s order list.

Here are the cert stage materials.

Seventh Circuit Materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers

Here:

Tribe Brief

State Brief

Reply

Lower court materials here.