Apache Stronghold v. USA, et al
Defendant / Appellee: NEIL BOSWORTH, Supervisor, USDA Forest Service, Tonto National Forest, TOM TORRES, Acting Supervisor, USDA Forest Service, Tonto National Forest, UNITED STATES OF AMERICA, VICKI CHRISTENSEN, Chief, USDA Forest Service and SONNY PERDUE, Secretary, U.S. Department of Agriculture (USDA)
Plaintiff / Appellant: APACHE STRONGHOLD, a 501(c)(3) nonprofit organization
Amicus Curiae: RELIGIOUS LIBERTY LAW SCHOLARS, NATIONAL CONGRESS OF AMERICAN INDIANS, A TRIBAL ELDER, AND OTHER FEDERAL INDIAN LAW SCHOLARS AND ORGANIZATIONS, JEWISH COALITION FOR RELIGIOUS LIBERTY, THE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, THE SIKH COALITION, AND PROTECT THE 1st and NATIONAL CONGRESS OF AMERICAN INDIANS, RAMON RILEY, THE INTERNATIONAL COUNCIL OF THIRTEEN INDIGENOUS GRANDMOTHERS, THE MICA GROUP, AND FEDERAL INDIAN LAW SCHOLARS
Case Number: 21-15295
Filed: February 19, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
June 24, 2022 Summary APACHE STRONGHOLD V. USA
November 17, 2022 Summary APACHE STRONGHOLD V. USA, ET AL
March 1, 2024 Summary Apache Stronghold v. United States

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Docket Report

This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2021 Filing 50 Filed clerk order (Deputy Clerk: AC): The opposed motion for an extension of time to file the answering brief (Docket Entry No. [ # 44 ]) is granted. The answering brief is due May 17, 2021. The optional reply brief remains due within 21 days after service of the answering brief. [12069012] (RY) [Entered: 04/09/2021 09:14 AM]
April 5, 2021 Filing 49 Received 6 paper copies of Amicus Brief [ # 36 ] filed by Religious Liberty Law Scholars. [12063682] (SD) [Entered: 04/05/2021 01:16 PM]
April 2, 2021 Filing 48 Received 6 paper copies of Amicus Brief [ # 19 ] filed by NCAI, et al. [12062232] (SD) [Entered: 04/02/2021 02:12 PM]
April 2, 2021 Filing 47 Filed (ECF) Appellees Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres and USA reply to response (). Date of service: 04/02/2021. [12061413] [21-15295] (Shugart-Schmidt, Katelin) [Entered: 04/02/2021 07:11 AM]
March 31, 2021 Filing 46 Filed (ECF) Appellant Apache Stronghold response opposing motion ([ # 44 ] Motion (ECF Filing), [ # 44 ] Motion (ECF Filing)). Date of service: 03/31/2021. [12059943] [21-15295] (Goodrich, Luke) [Entered: 03/31/2021 04:00 PM]
March 31, 2021 Filing 45 Received 6 paper copies of Amicus Brief [ # 38 ] filed by Jewish Coalition for Religious Liberty, et al. [12059865] (SD) [Entered: 03/31/2021 03:22 PM]
March 31, 2021 Filing 44 Filed (ECF) Appellees Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres and USA Motion to extend time to file Answering brief until 05/17/2021. Date of service: 03/31/2021. [12059832] [21-15295] (Shugart-Schmidt, Katelin) [Entered: 03/31/2021 03:03 PM]
March 30, 2021 Filing 43 Filed clerk order: The amicus brief [ # 36 ] submitted by Amicus Curiae Religious Liberty Law Scholars is filed. The amicus brief [ # 37 ] submitted by Amici Curiae NCAI; et al., is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the amicus briefs must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12058598] (SML) [Entered: 03/30/2021 03:16 PM]
March 30, 2021 Filing 42 Entered appearance of Amici Curiae Religious Liberty Law Scholars and NCAI; et al. [12058206] (SML) [Entered: 03/30/2021 12:15 PM]
March 26, 2021 Filing 41 Received 3 paper copies of excerpts of record [ # 34 ] in 3 volume(s) and index volume filed by Appellant Apache Stronghold. [12055326] (LA) [Entered: 03/26/2021 04:25 PM]
March 26, 2021 Filing 40 Filed clerk order: The amicus brief [ # 38 ] submitted by Jewish Coalition for Religious Liberty; et al., is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12055169] (SML) [Entered: 03/26/2021 03:23 PM]
March 26, 2021 Filing 39 Received 6 paper copies of Opening Brief [ # 33 ] filed by Apache Stronghold. [12054939] (CPA) [Entered: 03/26/2021 02:25 PM]
March 25, 2021 Filing 38 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Jewish Coalition for Religious Liberty et al.. Date of service: 03/25/2021. [12053921] [21-15295] (Schaerr, Gene) [Entered: 03/25/2021 09:50 PM]
March 25, 2021 Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The National Congress of American Indians, a Tribal Elder, and other Federal Indian Law Scholars and Organizations. Date of service: 03/25/2021. [12053907] [21-15295]--[COURT UPDATE: Attached corrected brief. 03/30/2021 by SML] (Barclay, Stephanie) [Entered: 03/25/2021 07:05 PM]
March 25, 2021 Filing 36 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Religious Liberty Law Scholars. Date of service: 03/25/2021. [12053901] [21-15295]--[COURT UPDATE: Attached corrected brief. 03/30/2021 by SML] (Coleman, Miles) [Entered: 03/25/2021 06:10 PM]
March 22, 2021 Filing 35 Filed clerk order: The opening brief [ # 33 ] submitted by Apache Stronghold is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 34 ] submitted by Apache Stronghold are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12049540] (SML) [Entered: 03/22/2021 02:37 PM]
March 18, 2021 Filing 34 Submitted (ECF) excerpts of record. Submitted by Appellant Apache Stronghold. Date of service: 03/18/2021. [12046890] [21-15295]--[COURT UPDATE: Attached corrected index volume. 03/26/2021 by SML] (Goodrich, Luke) [Entered: 03/18/2021 09:48 PM]
March 18, 2021 Filing 33 Submitted (ECF) Opening Brief for review. Submitted by Appellant Apache Stronghold. Date of service: 03/18/2021. [12046887] [21-15295] (Goodrich, Luke) [Entered: 03/18/2021 09:08 PM]
March 16, 2021 Filing 32 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12043388] (VS) [Entered: 03/16/2021 03:17 PM]
March 15, 2021 Filing 31 Added Attorney(s) Joseph Davis for party(s) Appellant Apache Stronghold, in case 21-15295. [12040619] (NAC) [Entered: 03/15/2021 09:29 AM]
March 15, 2021 Filing 30 Filed (ECF) notice of appearance of Joseph Charles Tucker Davis (The Becket Fund for Religious Liberty 1919 Pennsylvania Ave. NW, Suite 400, Washington, DC 20006) for Appellant Apache Stronghold. Date of service: 03/15/2021. (Party was previously proceeding with counsel.) [12040557] [21-15295] (Davis, Joseph) [Entered: 03/15/2021 09:01 AM]
March 10, 2021 Filing 29 Added Attorney(s) Kayla Toney for party(s) Appellant Apache Stronghold, in case 21-15295. [12030955] (DJV) [Entered: 03/10/2021 01:08 PM]
March 10, 2021 Filing 28 Filed (ECF) notice of appearance of Kayla Ann Toney (The Becket Fund for Religious Liberty, 1919 Pennsylvania Ave. NW, Suite 400, Washington, DC 20006) for Appellant Apache Stronghold. Date of service: 03/10/2021. (Party was previously proceeding with counsel.) [12030930] [21-15295] (Toney, Kayla) [Entered: 03/10/2021 12:57 PM]
March 5, 2021 Filing 27 Filed clerk order: The amicus brief [ # 13 ] submitted by Amicus Curiae Religious Liberty Law Scholars is filed. The amicus brief [ # 15 ] submitted by Amici Curiae Jewish Coalition for Religious Liberty; et al., is filed. The amicus brief [ # 19 ] submitted by Amici Curiae NCAI; et al., is filed. No paper copies of the briefs are required. [12026608] (SML) [Entered: 03/05/2021 04:20 PM]
March 5, 2021 Filing 26 Filed order (MILAN D. SMITH, JR., BRIDGET S. BADE and PATRICK J. BUMATAY, dissenting): Appellants emergency motion for an injunction pending appeal (Docket Entry No. [ # 6 ]) is denied without prejudice. See 9th Cir. R. 27-3; see also Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The Government has averred that USFS will not proceed to convey any right, title, and/or interest of the United States in and to the Federal land, as defined in the Act, to Resolution Copper until after publication of a new FEIS, which will take months. The Government has also stated, under penalty of perjury, that USFS will provide 30-days advance notice to Apache Stronghold prior to the publication of a new FEIS. These representations mean that Apache Stronghold has not shown that it needs relief within 21 days to avoid irreparable harm pursuant to its request for an emergency stay. 9th Cir. R. 27-3. An examination of the merits of Apache Strongholds request for a preliminary injunctiondenied by the district court and currently pending on appealis therefore premature. We express no view on the merits. The previously established briefing schedule remains in effect. (SEE ORDER FOR FULL TEXT) [12026170] (AF) [Entered: 03/05/2021 01:46 PM]
March 5, 2021 Filing 25 Filed order (MILAN D. SMITH, JR., BRIDGET S. BADE and PATRICK J. BUMATAY): The motions for leave to become amicus curiae (Docket Entry Nos. [ # 13 ], [ # 15 ], [ # 19 ]) are granted. The Clerk will file the proposed amicus briefs. The emergency motion for an injunction pending appeal (Docket Entry No. [ # 6 ]) will be addressed in a separate order. [12026143] (AF) [Entered: 03/05/2021 01:40 PM]
March 3, 2021 Filing 24 Filed (ECF) Appellant Apache Stronghold reply to response (). Date of service: 03/03/2021. [12022366] [21-15295] (Goodrich, Luke) [Entered: 03/03/2021 08:11 AM]
March 3, 2021 Filing 23 Added Attorney(s) Stephanie Hall Barclay for party(s) Amicus Curiae - Pending NCAI, in case 21-15295. [12022291] (NAC) [Entered: 03/03/2021 07:11 AM]
March 3, 2021 Filing 22 Filed (ECF) Appellees Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres and USA citation of supplemental authorities. Date of service: 03/03/2021. [12022277] [21-15295] (Shugart-Schmidt, Katelin) [Entered: 03/03/2021 06:09 AM]
March 2, 2021 Filing 21 Filed (ECF) notice of appearance of Stephanie, Hall, Barclay (Religious Liberty Initiative, Notre Dame Law School, 3120 Eck Hall of Law, Notre Dame, IN 46556) for Amicus Curiae - Pending NCAI. Date of service: 03/02/2021. (Party was previously proceeding with counsel.) [12022239] [21-15295] (Barclay, Stephanie) [Entered: 03/02/2021 08:03 PM]
March 2, 2021 Filing 20 Entered appearance of Amici Curiae - Pending Jewish Coalition for Religious Liberty; et al., and NCAI; et al. [12021682] (SML) [Entered: 03/02/2021 01:39 PM]
March 2, 2021 Filing 19 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The National Congress of American Indians, Ramon Riley, the International Council of Thirteen Indigenous Grandmothers, the MICA Group, and Federal Indian Law Scholars. Date of service: 03/02/2021. [12021492] [21-15295] (Barclay, Stephanie) [Entered: 03/02/2021 12:11 PM]
March 1, 2021 Filing 18 Filed (ECF) Appellees Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres and USA response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 03/01/2021. [12020596] [21-15295] (Shugart-Schmidt, Katelin) [Entered: 03/01/2021 04:33 PM]
March 1, 2021 Filing 17 Added Attorney Joan M. Pepin for Appellees USA, et al., in case 21-15295. [12020487] (HH) [Entered: 03/01/2021 03:55 PM]
March 1, 2021 Filing 16 Filed (ECF) notice of appearance of Joan M. Pepin (U.S. Department of Justice, ENRD Appellate, PO Box 7415, Washington, DC 22044) for Appellees USA, Tom Torres, Sonny Perdue, Vicki Christensen and Neil Bosworth. Date of service: 03/01/2021. (Party was previously proceeding with counsel.) [12020466] [21-15295] (Pepin, Joan) [Entered: 03/01/2021 03:48 PM]
March 1, 2021 Filing 15 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Jewish Coalition for Religious Liberty, The International Society for Krishna Consciousness, The Sikh Coalition, and Protect the 1st. Date of service: 03/01/2021. [12019833] [21-15295] (Schaerr, Gene) [Entered: 03/01/2021 12:46 PM]
March 1, 2021 Filing 14 Entered appearance of Amicus Curiae - Pending Religious Liberty Law Scholars. [12019724] (SML) [Entered: 03/01/2021 12:00 PM]
March 1, 2021 Filing 13 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Religious Liberty Law Scholars. Date of service: 03/01/2021. [12019677] [21-15295] (Coleman, Miles) [Entered: 03/01/2021 11:44 AM]
March 1, 2021 Filing 12 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 15 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by THE JEWISH COALITION FOR RELIGIOUS LIBERTY, THE INTERNATIONAL SOCIETY FOR KIRSHNA CONSCIOUSNESS, THE SIKH COALITION, AND PROTECT THE 1st. Date of service: 03/01/2021. [12019379] [21-15295] (Schaerr, Gene) [Entered: 03/01/2021 10:01 AM]
February 28, 2021 Filing 11 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 13 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Religious Liberty Law Scholars. Date of service: 02/28/2021. [12019025] [21-15295] (Coleman, Miles) [Entered: 02/28/2021 04:52 PM]
February 26, 2021 Filing 10 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 19 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The National Congress of American Indians, Ramon Riley, the International Council of Thirteen Indigenous Grandmothers, the MICA Group, and Federal Indian Law Scholars. Date of service: 02/26/2021. [12018831] [21-15295] (Barclay, Stephanie) [Entered: 02/26/2021 07:57 PM]
February 25, 2021 Filing 9 MEDIATION ORDER FILED: By 03/11/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12016263] (VS) [Entered: 02/25/2021 08:48 AM]
February 24, 2021 Filing 8 Filed clerk order (Deputy Clerk: MKS): The court has received appellants emergency motion for an injunction pending appeal (Docket Entry No. [ # 6 ] ). The response is due March 1, 2021, by 5:00 p.m. PST. The reply in support of the motion is due March 3, 2021, by 9:00 a.m. PST. [12015016] (RT) [Entered: 02/24/2021 11:15 AM]
February 23, 2021 Filing 7 The Mediation Questionnaire for this case was filed on 02/23/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12014440]. [21-15295] (AD) [Entered: 02/23/2021 06:44 PM]
February 23, 2021 Filing 6 Filed (ECF) Appellant Apache Stronghold EMERGENCY Motion for injunction pending appeal. Date of service: 02/23/2021. [12014184] [21-15295] (Goodrich, Luke) [Entered: 02/23/2021 04:01 PM]
February 23, 2021 Filing 5 Filed (ECF) Appellant Apache Stronghold Mediation Questionnaire. Date of service: 02/23/2021. [12013856] [21-15295] (Goodrich, Luke) [Entered: 02/23/2021 02:01 PM]
February 22, 2021 Filing 4 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 18, 2021 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than March 18, 2021; the answering brief is due April 15, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). tsp/MOATT 2 No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12012424] (RT) [Entered: 02/22/2021 04:07 PM]
February 22, 2021 Filing 3 Added Attorney(s) Katelin Shugart-Schmidt for party(s) Appellee Vicki Christensen Appellee USA Appellee Neil Bosworth Appellee Tom Torres Appellee Sonny Perdue, in case 21-15295. [12011803] (NAC) [Entered: 02/22/2021 01:26 PM]
February 22, 2021 Filing 2 Filed (ECF) notice of appearance of Katelin Leeann Puanani Shugart-Schmidt (Environment and Natural Resources Division U.S. Department of Justice Post Office Box 7415 Washington, D.C. 20044) for Appellees Neil Bosworth, Vicki Christensen, Sonny Perdue, Tom Torres and USA. Date of service: 02/22/2021. (Party was previously proceeding with counsel.) [12011767] [21-15295] (Shugart-Schmidt, Katelin) [Entered: 02/22/2021 01:10 PM]
February 19, 2021 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [12009695] (JBS) [Entered: 02/19/2021 12:02 PM]

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Search for this case: Apache Stronghold v. USA, et al
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Defendant / appellee: NEIL BOSWORTH, Supervisor, USDA Forest Service, Tonto National Forest
Represented By: Katelin Shugart-Schmidt
Represented By: Tyler McVeigh Alexander Esquire
Represented By: Joan M. Pepin
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Defendant / appellee: TOM TORRES, Acting Supervisor, USDA Forest Service, Tonto National Forest
Represented By: Katelin Shugart-Schmidt
Represented By: Tyler McVeigh Alexander Esquire
Represented By: Joan M. Pepin
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Defendant / appellee: UNITED STATES OF AMERICA
Represented By: Katelin Shugart-Schmidt
Represented By: Tyler McVeigh Alexander Esquire
Represented By: Joan M. Pepin
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Defendant / appellee: VICKI CHRISTENSEN, Chief, USDA Forest Service
Represented By: Katelin Shugart-Schmidt
Represented By: Tyler McVeigh Alexander Esquire
Represented By: Joan M. Pepin
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Defendant / appellee: SONNY PERDUE, Secretary, U.S. Department of Agriculture (USDA)
Represented By: Katelin Shugart-Schmidt
Represented By: Tyler McVeigh Alexander Esquire
Represented By: Joan M. Pepin
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Plaintiff / appellant: APACHE STRONGHOLD, a 501(c)(3) nonprofit organization
Represented By: Michael V. Nixon
Represented By: Clifford I. Levenson
Represented By: Daniel Benson
Represented By: Luke William Goodrich
Represented By: Diana Verm
Represented By: Mark Rienzi
Represented By: Christopher Pagliarella
Represented By: Joseph Davis
Represented By: Kayla Toney
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Amicus curiae: RELIGIOUS LIBERTY LAW SCHOLARS
Represented By: Miles Coleman
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Amicus curiae: NATIONAL CONGRESS OF AMERICAN INDIANS, A TRIBAL ELDER, AND OTHER FEDERAL INDIAN LAW SCHOLARS AND ORGANIZATIONS
Represented By: Stephanie Hall Barclay
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Amicus curiae: JEWISH COALITION FOR RELIGIOUS LIBERTY, THE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, THE SIKH COALITION, AND PROTECT THE 1st
Represented By: Gene C. Schaerr
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Amicus curiae: NATIONAL CONGRESS OF AMERICAN INDIANS, RAMON RILEY, THE INTERNATIONAL COUNCIL OF THIRTEEN INDIGENOUS GRANDMOTHERS, THE MICA GROUP, AND FEDERAL INDIAN LAW SCHOLARS
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