Ninth Circuit Affirms U&A Boundaries in U.S. v. Washington Subproceeding 09-01 [Makah versus Quinault & Quileute]

Here are the materials in Makah Indian Tribe v. Quileute Indian Tribe (CA9):

Unpublished Memorandum

Quileute & Quinault Opening Brief

Makah Answer Brief

Quileute & Quinault Reply

Suquamish Brief

State of Washington and Klallam Tribes Brief

Hoh Brief

Lower court materials in United States v. Washington (W.D. Wash.) (subproceeding 09-01):

439 DCT Order re Boundaries

442 Quileute Motion for Reconsideration

444 Hoh Motion

445 Quinault Motion

447 State Motion — Scrivener’s Error

448 Suquamish Motion

449 DCT Amended Order

453 Makah Response

456 State Response to Motions for Reconsideration

459 DCT Order Denying Motions for Reconsideration

Prior posts here and here.

Penobscot/US v. Maine En Banc Stage Briefs

The petitions, filed two years ago, are here.

The court’s order requesting a response is here: ca1-order-2.pdf

Here is the state’s response and the petitioners’ reply briefs:

maine-response.pdf

penobscot-reply.pdf

us-reply.pdf

Case page here.

Federal Court Concludes U.S. v. Washington 11-02 Subproceeding [Lummi + S’Klallam Tribes]

Here are the new materials in United States v. Washington (W.D. Wash.) [subproceeding 11-02]:

238 Jamestown and Port Gamble S’Klallam Tribes Motion

240 Lummi Response

244 Lower Elwha Response

247 Jamestown and Port Gamble Reply

252 Lower Elwha Motion

254 Lummi Response

255 Jamestown and Port Gamble Response

260 Lower Elwha Reply

262 Jamestown and Port Gamble Surreply

264 DCT Order

Ninth Circuit materials here and here.

Previous lower court court materials here.

Miccosukee Per Cap Taxation Cert Petitions

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States:

cert-petition-1-1.pdf

Question presented:

The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian general welfare benefit.”

The question presented is whether contrary to that plain command, gross income includes “Indian general welfare benefits” when those benefits are derived from gaming revenue pursuant to the 1988 Indian Gaming Regulatory Act.

Here is the petition in Jim v. United States:

cert-petition-2-1.pdf

Questions presented:

Whether treaties with Indian tribes must be construed consistent with that tribe’s present-sense understanding of the treaty.

Whether the Miccosukee Tribe’s long-standing method of compensation for use of Tribal member lands and distributing revenue from land to its members can be considered a “mere formalism” to avoid inclusion and taxation as income to the members when the Tribe’s chosen method of compensation is soundly in line with federal law and policy.

Whether the Assistant Secretary of the Interior through its designated representative can interpret, waive, modify or exempt payments made to tribal members from inclusion as income.

Lower court materials here.

UPDATE:

US BIO