San Carlos Apache Tribe v. United States Forest Service, et al.
| SAN CARLOS APACHE TRIBE, a federally recognized Tribe |
| UNITED STATES FOREST SERVICE, an agency in the U.S. Department of Agriculture, NEIL BOSWORTH, Supervisor of the Tonto National Forest and BROOKE ROLLINS |
| RESOLUTION COPPER MINING, LLC |
| NATIONAL NATIVE AMERICAN LAW STUDENTS ASSOCIATION, SACRED GROUND LEGAL SERVICES, YALE NATIVE AMERICAN LAW STUDENTS ASSOCIATION, UNIVERSITY OF ARIZONA NATIVE AND INDIGENOUS LAW STUDENTS ASSOCIATION, ARIZONA STATE UNIVERSITY NATIVE AMERICAN LAW STUDENTS ASSOCIATION, LIPAN NATIVE AMERICAN CHURCH, NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL ASSOCIATION OF TRIBAL HISTORIC PRESERVATION OFFICERS, COALITION OF LARGE TRIBES, THE NATIONAL ASSOCIATION OF MANUFACTURERS, UNITED STATES OF AMERICA CHAMBER OF COMMERCE, WILLIAM P. BARR, GREATER PHOENIX CHAMBER OF COMMERCE, ARIZONA PLUMBERS AND PIPEFITTERS LOCAL UNION 469, ARIZONA STATE BUILDING AND CONSTRUCTION TRADES COUNCIL, ARIZONA CHAMBER OF COMMERCE & INDUSTRY, TOWN OF SUPERIOR, TOWN OF MIAMI, TOWN OF KEARNY, DEAN HETRICK, NATIONAL MINING ASSOCIATION, AMERICAN EXPLORATION & MINING ASSOCIATION, ARIZONA MINING ASSOCIATION, ALASKA MINERS ASSOCIATION, COLORADO MINING ASSOCIATION, IDAHO MINING ASSOCIATION, MININGMINNESOTA, MONTANA MINING ASSOCIATION, NEVADA MINING ASSOCIATION, TEXAS MINING AND RECLAMATION ASSOCIATION, UTAH MINING ASSOCIATION, WYOMING MINING ASSOCIATION and NATIONAL TRIBAL ENERGY ASSOCIATION |
| 25-5189 |
| August 15, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
Docket Report
RSS Track this Docket
This docket was last retrieved on October 10, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 120 MOTION to Clarify or Amend Court Order or Disposition filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197] [Entered: 10/10/2025 04:40 PM] |
| Filing 119 NOTICE OF APPEARANCE by Frank Sharp Holleman for Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197] [Entered: 10/10/2025 04:24 PM] |
| Filing 118 NOTICE OF APPEARANCE by Colin Cloud Hampson for Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197] [Entered: 10/10/2025 04:21 PM] |
| Filing 117 STATUS REPORT filed by Appellant Gouyen Brown Lopez, Appellant Sinetta Lopez, Appellant Nomie Brown, Appellant Angela Kinsey. [25-5197, 25-5185, 25-5189] [Entered: 10/10/2025 03:43 PM] |
| Filing 116 STATUS REPORT filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189, 25-5197] [Entered: 10/10/2025 02:22 PM] |
| Filing 115 NOTICE: This case is being considered for an upcoming oral argument calendar in Phoenix. Please review the Phoenix sitting dates for January 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-5185, 25-5189, 25-5197] [Entered: 10/09/2025 12:44 PM] |
| Filing 114 REPLY to Response to motion to extend time (DE 112) filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197]--[Court entered filing to correct DE 113 in 25-5185] [Entered: 10/09/2025 12:33 PM] |
| Filing 113 REPLY to Response to motion to extend time (DE 112) filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189, 25-5197]--[Court entered filing to correct DE 114] [Entered: 10/09/2025 12:28 PM] |
| Filing 112 DEFECTIVE --- STATUS REPORT filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189, 25-5197]--[Wrong filing type, correct entry is DE 115] [Entered: 10/08/2025 04:38 PM] [Edited: 10/09/2025 12:29 PM] |
| Filing 111 DEFECTIVE --- SUPPLEMENT to Motion to Extend Time to Respond to Motion (DE 88) filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197]--[Wrong filing type, correct entry is DE 116 in 25-5185] [Entered: 10/08/2025 04:20 PM] [Edited: 10/09/2025 12:34 PM] |
| Filing 109 ADDED Amici Curiae National Mining Association, American Exploration & Mining Association, Arizona Mining Association, Alaska Miners Association, Colorado Mining Association, Idaho Mining Association, MiningMinnesota, Montana Mining Association, Nevada Mining Association, Texas Mining and Reclamation Association, Utah Mining Association, Wyoming Mining Association, National Tribal Energy Association; Counsel for Amici Curiae: James Michael Auslander. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 03:08 PM] |
| Filing 108 CLERK ACTION: Amicus Brief submitted at DE 98 by National Mining Association, et al. is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 03:09 PM] |
| Filing 107 CLERK ACTION: Amicus Brief submitted at DE 99 by Town of Superior, et al. is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 02:52 PM] |
| Filing 106 CLERK ACTION: Amicus Brief submitted at DE 96 by Arizona Chamber of Commerce & Industry, et al. is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 02:50 PM] |
| Filing 105 CLERK ACTION: Amicus Brief submitted at DE 95 by Greater Phoenix Chamber of Commerce is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 02:48 PM] |
| Filing 104 CLERK ACTION: Amicus Brief submitted at DE 94 by William P. Barr is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 02:46 PM] |
| Filing 103 CLERK ACTION: Amicus Brief submitted at DE 91 by The National Association of Manufacturers, United States of America Chamber of Commerce is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 02:43 PM] |
| Filing 102 ADDED Amici Curiae The National Association of Manufacturers, United States of America Chamber of Commerce,William P. Barr, Greater Phoenix Chamber of Commerce, Arizona Plumbers and Pipefitters Local Union 469, Arizona State Building and Construction Trades Council, Arizona Chamber of Commerce & Industry, Town of Superior, Town of Miami, Town of Kearny, Dean Hetrick; Counsel for Amici Curiae: Jay Christopher Johnson, Christopher Michel, Svend A. Brandt-Erichsen, Thomas J. Basile, Ivan L. London. [25-5185, 25-5189, 25-5197] [Entered: 10/07/2025 02:37 PM] |
| Filing 110 RESPONSE to Motion to Extend Time to File Brief (DE 102) filed by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Court entered filing to correct DE 103.] [Entered: 10/07/2025 04:14 PM] |
| Filing 101 DEFECTIVE - REPLY BRIEF submitted for filing by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Wrong filing type used, corrected in DE 112.] [Entered: 10/06/2025 09:32 PM] [Edited: 10/07/2025 04:17 PM] |
| Filing 100 MOTION to Extend Time to File Brief filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189, 25-5197] [Entered: 10/06/2025 06:17 PM] |
| Filing 99 AMICUS BRIEF by government or with consent submitted for filing by Towns of Superior, Arizona; Kearny, Arizona; and Miami, Arizona and Mayor Dean Hetrick . [25-5189, 25-5185, 25-5197] (Entry updated to correctly list filers) [Entered: 10/06/2025 05:07 PM] [Edited: 10/07/2025 12:07 PM] |
| Filing 98 AMICUS BRIEF by government or with consent submitted for filing by National Mining Association et al.. [25-5185, 25-5189, 25-5197] [Entered: 10/06/2025 04:39 PM] |
| Filing 97 CITATION of Supplemental Authorities (28j Letter) filed by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Entered: 10/06/2025 04:33 PM] |
| Filing 96 AMICUS BRIEF by government or with consent submitted for filing by Arizona Chamber of Commerce & Industry, Greater Phoenix Leadership, et al.. [25-5185, 25-5189, 25-5197] [Entered: 10/06/2025 04:28 PM] |
| Filing 95 AMICUS BRIEF by government or with consent submitted for filing by Greater Phoenix Chamber of Commerce. [25-5185, 25-5189, 25-5197] [Entered: 10/06/2025 04:08 PM] |
| Filing 94 AMICUS BRIEF by government or with consent submitted for filing by William P. Barr. [25-5197, 25-5185, 25-5189] [Entered: 10/06/2025 01:53 PM] |
| Filing 93 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by National Association of Manufacturers, Chamber of Commerce of the United States of America. [25-5197, 25-5185, 25-5189]--[duplicate entry, correct entry at DE 93] [Entered: 10/06/2025 11:32 AM] [Edited: 10/07/2025 02:42 PM] |
| Filing 92 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by National Association of Manufacturers, Chamber of Commerce of the United States of America. [25-5189, 25-5185, 25-5197]--[duplicate entry, correct entry at DE 93] [Entered: 10/06/2025 11:30 AM] [Edited: 10/07/2025 02:40 PM] |
| Filing 91 AMICUS BRIEF by government or with consent submitted for filing by National Association of Manufacturers, Chamber of Commerce of the United States of America. [25-5185, 25-5189, 25-5197] [Entered: 10/06/2025 11:24 AM] |
| Filing 90 MOTION to Extend Time to File Brief filed by Appellant Gouyen Brown Lopez, Appellant Sinetta Lopez, Appellant Nomie Brown, Appellant Angela Kinsey. [25-5197, 25-5185, 25-5189] [Entered: 10/03/2025 07:58 PM] |
| Filing 89 MOTION to Extend Time to Respond to Federal Appellees' Expedited Motion to Dissolve the Administrative Injunction (DE 81.1) filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197] [Entered: 10/03/2025 02:50 PM] |
| Filing 88 MOTION to Extend Time to Respond to Motion of Resolution Copper Mining LLC to Lift the Temporary Administrative Injunction (DE 82.1) filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197] [Entered: 10/03/2025 02:47 PM] |
| Filing 87 MOTION to Extend Time to File Brief filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185, 25-5197] [Entered: 10/03/2025 02:34 PM] |
| Filing 86 Paper copies (6) of Answering Brief submitted at DE 74 by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins received. [25-5185, 25-5189, 25-5197] [Entered: 10/03/2025 09:29 AM] |
| Filing 85 Paper copies (6) of Answering Brief submitted at DE 77 by Appellee Resolution Copper Mining, LLC received. [25-5185, 25-5189, 25-5197] [Entered: 10/02/2025 05:40 PM] |
Filing 84
ORDER FILED. Answering Brief submitted at DE 77 by Appellee Resolution Copper Mining, LLC is filed. Appellee must file 6 copies of the brief in paper format securely bound on the left side with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The Excerpts of Record submitted at DE 81 by Appellee Resolution Copper Mining, LLC are filed. No paper copies of the excerpts are required at this time. [25-5185, 25-5189, 25-5197] [Entered: 10/01/2025 10:56 AM]
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Filing 83
ORDER FILED. Answering Brief submitted at DE 74 by Appellees United States Forest Service, et al. is filed. Appellees United States Forest Service, et al. must file 6 copies of the brief in paper format securely bound on the left side with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The Excerpts of Record submitted at DE 77 by Appellees United States Forest Service, et al. are filed. No paper copies of the excerpts are required at this time. [25-5185, 25-5189, 25-5197] [Entered: 10/01/2025 10:50 AM]
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| Filing 82 MOTION to Clarify or Amend Court Order or Disposition filed by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Entered: 09/30/2025 09:49 PM] |
| Filing 81 MOTION to Clarify or Amend Court Order or Disposition filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189, 25-5197] [Entered: 09/30/2025 07:56 PM] |
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Filing 80
ORDER FILED. Appellees unopposed motions to file oversized answering briefs (Docket Entry No. 78 and 79) are granted. The Clerk will file the briefs submitted at Docket Entry No. 76 and 80. The existing briefing schedule remains in effect. [25-5185, 25-5189, 25-5197] [Entered: 09/30/2025 04:50 PM]
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| Filing 79 EXCERPTS OF RECORD submitted for filing by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Entered: 09/29/2025 07:23 PM] |
| Filing 78 MOTION to File Oversized Brief filed by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Entered: 09/29/2025 07:05 PM] |
| Filing 77 ANSWERING BRIEF submitted for filing by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189, 25-5197] [Entered: 09/29/2025 07:07 PM] |
| Filing 76 MOTION to File Oversized Brief filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189, 25-5197] [Entered: 09/29/2025 06:10 PM] |
| Filing 75 EXCERPTS OF RECORD submitted for filing by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189, 25-5197] [Entered: 09/29/2025 06:08 PM] |
| Filing 74 ANSWERING BRIEF submitted for filing by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189, 25-5197] [Entered: 09/29/2025 06:05 PM] |
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Filing 73
ORDER FILED. Oral argument in these cases will be heard on January 7, 2026 in Phoenix, Arizona. [25-5185, 25-5189, 25-5197] [Entered: 09/25/2025 04:32 PM]
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| Filing 72 Paper copies (6) of Opening Brief submitted at DE 38 by received. [25-5185, 25-5189, 25-5197] [Entered: 09/23/2025 10:26 AM] |
| Filing 71 Paper copies (3) of Excerpts of Record in 6 Volume(s) and Index Volume submitted at DE 39 by received. [25-5185, 25-5189, 25-5197] [Entered: 09/23/2025 10:23 AM] |
| Filing 70 Paper copies (3) of Excerpts of Record in 8 Volumes and Index Volume submitted at DE 41 by Appellant San Carlos Apache Tribe received. [25-5189, 25-5185, 25-5197] [Entered: 09/22/2025 11:34 AM] |
| Filing 69 Paper copies (6) of Opening Brief submitted at DE 40 by Appellant San Carlos Apache Tribe received. [25-5189, 25-5185, 25-5197] [Entered: 09/22/2025 11:32 AM] |
| Filing 68 RESPONSE to notice of case being considered for oral argument filed by Bernardo Velasco. [25-5189, 25-5185, 25-5197] [Entered: 09/18/2025 04:14 PM] |
| Filing 67 CLERK ACTION: Amicus Brief submitted at DE 53 by The Coalition of Large Tribes is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 09/17/2025 12:56 PM] |
| Filing 66 CLERK ACTION: Amicus Brief submitted at DE 52 by National Congress of American Indians, National Association of Tribal Historic Preservation Officers is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 09/17/2025 12:54 PM] |
| Filing 65 CLERK ACTION: Amicus Brief submitted at DE 51 by Lipan Native American Church is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 09/17/2025 12:53 PM] |
| Filing 64 CLERK ACTION: Amicus Brief submitted at DE 50 by National Native American Law Students Association, et al. is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 09/17/2025 12:52 PM] |
| Filing 63 ADDED Amici Curiae National Native American Law Students Association, Yale Native American Law Students Association, University of Arizona Native and Indigenous Law Students Association, Arizona State University Native American Law Students Association, Lipan Native American Church, National Congress of American Indians, National Association of Tribal Historic Preservation Officers, Coalition of Large Tribes; Counsel for Amici Curiae: Heather Whiteman Runs Him, Steven Collis, Wesley James Furlong, Jennifer H. Weddle. [25-5185, 25-5189, 25-5197] [Entered: 09/17/2025 12:49 PM] |
| Filing 62 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE by received. [25-5197, 25-5185, 25-5189] [Entered: 09/17/2025 12:18 PM] |
| Filing 61 Paper copies (6) of Opening Brief submitted at DE by received. [25-5197, 25-5185, 25-5189] [Entered: 09/17/2025 12:15 PM] |
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Filing 60
ORDER FILED. Opening Brief submitted at DE 40 in 25-5185 by Appellant San Carlos Apache Tribe is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 43 by Appellant San Carlos Apache Tribe are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-5185, 25-5189, 25-5197] [Entered: 09/16/2025 02:48 PM]
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| Filing 59 ADDED Counsel for Amicus Curiae - Pending Eric Nieuwenhuis Kniffin [25-5197, 25-5185, 25-5189] [Entered: 09/16/2025 01:25 PM] |
| Filing 58 CLERK ACTION: Amicus Brief submitted at DE 42 by Sacred Ground Legal Services is filed. No paper copies are required. [25-5185, 25-5189, 25-5197] [Entered: 09/16/2025 12:40 PM] |
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Filing 57
ORDER FILED. The motion for leave to file an amicus brief filed by Sacred Ground Legal Services at DE 44 in No. 25-5185 is stricken as unnecessary because all parties have consented to the filing of the brief. See Fed. R. App. P. 29(a)(2) and Circuit Advisory Committee Note to Rule 29-3. [25-5185, 25-5189, 25-5197] [Entered: 09/16/2025 12:37 PM]
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Filing 56
ORDER FILED. Opening Brief submitted at DE 38 in 25-5185 by Appellants Arizona Mining Reform Coalition, et al. is filed. Within 7 days of this order, Appellants Arizona Mining Reform Coalition, et al. must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 41 by Appellants Arizona Mining Reform Coalition, et al. are filed. Within 7 days of this order, Appellants Arizona Mining Reform Coalition, et al. must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-5185, 25-5189, 25-5197] [Entered: 09/16/2025 12:02 PM]
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| Filing 55 AMICUS BRIEF by government or with consent submitted for filing by Ethics and Public Policy Center and Religious Freedom Institute. [25-5197, 25-5185, 25-5189] [Entered: 09/15/2025 09:34 PM] |
| Filing 54 NOTICE OF APPEARANCE by Eric Nieuwenhuis Kniffin for Amicus Curiae - Pending Sacred Ground Legal Services. [25-5197, 25-5185, 25-5189] [Entered: 09/15/2025 09:21 PM] |
| Filing 53 AMICUS BRIEF by government or with consent submitted for filing by The Coalition of Large Tribes. [25-5189, 25-5185, 25-5197] [Entered: 09/15/2025 08:35 PM] |
| Filing 52 AMICUS BRIEF by government or with consent submitted for filing by National Congress of American Indians, National Association of Tribal Historic Preservation Officers. [25-5189, 25-5185, 25-5197] [Entered: 09/15/2025 08:03 PM] |
| Filing 51 AMICUS BRIEF by government or with consent submitted for filing by Lipan Native American Church. [25-5197, 25-5185, 25-5189] [Entered: 09/15/2025 06:39 PM] |
| Filing 50 AMICUS BRIEF by government or with consent submitted for filing by National Native American Law Students Association, Yale NALSA, Arizona NILSA, and others. [25-5197, 25-5185, 25-5189] [Entered: 09/15/2025 01:53 PM] |
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Filing 49
ORDER FILED. Opening Brief submitted at DE in 25-5197 by Appellants Gouyen Brown Lopez; et al., is filed. Within 7 days of this order, s must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 26 in 25-5197 by Appellants Gouyen Brown Lopez; et al., are filed. Within 7 days of this order, s must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-5197, 25-5185, 25-5189] [Entered: 09/12/2025 09:08 AM]
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| Filing 48 RESPONSE to notice of case being considered for oral argument filed by Michael Robert Huston. [25-5185, 25-5189, 25-5197] [Entered: 09/11/2025 06:09 PM] |
| Filing 47 RESPONSE to notice of case being considered for oral argument filed by Robert Nolan Stander. [25-5185, 25-5189, 25-5197] [Entered: 09/11/2025 05:50 PM] |
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Filing 46
ORDER FILED. The motion to consolidate (Docket Entry No. 30 in No. 25-5185; Docket Entry No. 19 in No. 25-5197) is granted. Appeal Nos. 25-5185, 25-5189, and 25- 5197 are consolidated. The consolidated answering briefs are due September 29, 2025. The optional reply briefs are due October 14, 2025. The allocation of oral argument time will be determined by the panel that considers the merits of these appeals. The motion (Docket Entry No. 44 in No. 25-5185; Docket Entry No. 42 in No. 25-5189) for leave to file an amicus curiae brief is referred to the panel that considers the merits of this appeal. Within 7 days, prospective amicus must file 6 paper copies of the brief. Each copy must have a green cover and must include at the end a certification that the brief is identical to the electronic version. A Form 18 certificate is available at http://www.ca9.uscourts.gov/forms/. The paper copies must be submitted to the courthouse in San Francisco. [25-5185, 25-5189, 25-5197] [Entered: 09/11/2025 04:17 PM]
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| Filing 45 ADDED Amicus Curiae - Pending Sacred Ground Legal Services; Counsel for Amicus Curiae - Pending: Jack Warren Fiander. [25-5185, 25-5189, 25-5197] [Entered: 09/11/2025 04:17 PM] |
| Filing 44 RESPONSE to notice of case being considered for oral argument filed by Bernardo Velasco. [25-5189, 25-5185] [Entered: 09/11/2025 11:31 AM] |
| Filing 43 RESPONSE to notice of case being considered for oral argument filed by Roger Flynn. [25-5185, 25-5189] [Entered: 09/11/2025 10:14 AM] |
| Filing 42 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Sacred Ground Legal Services. [25-5189, 25-5185]--[COURT UPDATE: Corrected PDF attached as of 9/16/2025, REPLACING original attachment]--[COURT UPDATE: motion strickent per order at DE 59] [Entered: 09/08/2025 06:47 PM] [Edited: 09/16/2025 12:41 PM] |
| Filing 41 EXCERPTS OF RECORD submitted for filing by Appellant San Carlos Apache Tribe. [25-5189, 25-5185]--[COURT UPDATE: Corrected PDF attached as of 9/16/2025, REPLACING original attachment] [Entered: 09/08/2025 05:38 PM] [Edited: 09/16/2025 02:36 PM] |
| Filing 40 OPENING BRIEF submitted for filing by Appellant San Carlos Apache Tribe. [25-5189, 25-5185]--[COURT UPDATE: Corrected PDF attached as of 9/16/2025, REPLACING original attachment] [Entered: 09/08/2025 05:17 PM] [Edited: 09/16/2025 02:21 PM] |
| Filing 39 EXCERPTS OF RECORD submitted for filing by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189]--[COURT UPDATE: Corrected PDF attached as of 9/16/2025, REPLACING original attachment] [Entered: 09/08/2025 03:27 PM] [Edited: 09/16/2025 11:54 AM] |
| Filing 38 OPENING BRIEF submitted for filing by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189]--[COURT UPDATE: Corrected PDF attached as of 9/16/2025, REPLACING original attachment] [Entered: 09/08/2025 03:19 PM] [Edited: 09/16/2025 11:40 AM] |
| Filing 37 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2025 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-5185, 25-5189] [Entered: 09/08/2025 03:14 PM] |
| Filing 36 CORRESPONDENCE filed by Appellant Inter Tribal Association of Arizona, Inc.. [25-5185, 25-5189] [Court entered filing to correct DE 35.] [Entered: 09/04/2025 11:45 AM] |
| Filing 33 DEFECTIVE - STATUS REPORT filed by Appellant Inter Tribal Association of Arizona, Inc.. [25-5185, 25-5189] [Wrong filing type used, corrected in DE 37.] [Entered: 09/03/2025 11:30 AM] [Edited: 09/04/2025 11:46 AM] |
| Filing 35 CORRESPONDENCE filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185] [Court entered filing to correct DE 32.] [Entered: 09/04/2025 11:38 AM] |
| Filing 34 CORRESPONDENCE filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189] [Court entered filing to correct DE 33.] [Entered: 09/04/2025 11:30 AM] |
| Filing 32 DEFECTIVE - STATUS REPORT filed by Appellant San Carlos Apache Tribe. [25-5189, 25-5185] [Wrong filing type used, corrected in DE 35.] [Entered: 09/02/2025 04:55 PM] [Edited: 09/04/2025 11:39 AM] |
| Filing 31 DEFECTIVE - STATUS REPORT filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189] [Wrong filing type used, corrected in DE 36.] [Entered: 09/02/2025 01:04 PM] [Edited: 09/04/2025 11:32 AM] |
| Filing 30 RESPONSE to Motion to Consolidate (DE 30) filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189] [Court entered filing to correct DE 31.] [Entered: 08/27/2025 01:42 PM] |
| Filing 29 DEFECTIVE - MOTION to Consolidate filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189] [Wrong filing type used, corrected in DE 32.] [Entered: 08/27/2025 12:43 PM] [Edited: 08/27/2025 01:44 PM] |
| Filing 28 MOTION to Consolidate filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [25-5185, 25-5189] [Entered: 08/26/2025 10:32 AM] |
| Filing 27 ADDED Counsel for Appellee Robert Nolan Stander [25-5189, 25-5185] [Entered: 08/25/2025 11:22 AM] |
| Filing 26 NOTICE OF APPEARANCE by Robert Nolan Stander for Appellee Brooke Rollins, Appellee Neil Bosworth, Appellee United States Forest Service. [25-5189, 25-5185] [Entered: 08/23/2025 07:52 AM] |
| Filing 25 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189] [Entered: 08/22/2025 12:30 PM] |
| Filing 24 ADDED Counsel for Appellee Nicholas S. Crown [25-5185, 25-5189] [Entered: 08/20/2025 04:37 PM] |
| Filing 23 NOTICE OF APPEARANCE by Nicholas S. Crown for Appellee Resolution Copper Mining, LLC. [25-5185, 25-5189] [Entered: 08/20/2025 01:26 PM] |
| Filing 22 NOTICE OF APPEARANCE by Nicholas S. Crown for Appellee Resolution Copper Mining, LLC. [25-5189, 25-5185] [Entered: 08/20/2025 01:27 PM] |
| Filing 21 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. [25-5185, 25-5189] [Entered: 08/20/2025 12:54 PM] |
| Filing 20 ADDED Counsel for Appellant Susan Montgomery [25-5185, 25-5189] [Entered: 08/20/2025 12:37 PM] |
| Filing 19 NOTICE OF APPEARANCE by Susan Montgomery for Appellant Inter Tribal Association of Arizona, Inc.. [25-5185, 25-5189] [Entered: 08/20/2025 11:41 AM] |
| Filing 18 MEDIATION QUESTIONNAIRE filed by Appellant Arizona Mining Reform Coalition, Appellant Inter Tribal Association of Arizona, Inc., Appellant Earthworks, Appellant Center for Biological Diversity, Appellant Access Fund, Appellant Grand Canyon Chapter of the Sierra Club. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [25-5185, 25-5189] [Entered: 08/19/2025 10:34 AM] |
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Filing 17
ORDER FILED. Sidney R. THOMAS, Barry G. SILVERMAN, Mark J. BENNETT These appeals are consolidated. The emergency motions for injunctive relief are referred to the panel that will be assigned to decide the merits of these appeals. We grant a temporary administrative injunction to preserve the status quo while the motions are pending. Federal Appellees are temporarily enjoined from conveying the Federal land described in 3003 of the National Defense Authorization Act for Fiscal Year 2015, Pub. L. No. 113-291. We take no position on the merits of the motions. We expedite the briefing schedule for these appeals. The opening briefs are due September 8, 2025. The consolidated answering briefs are due September 29, 2025. The optional reply briefs are due October 14, 2025. The clerk will place this appeal on the next available calendar. See 9th Cir. Gen. Ord. 3.3(f). [25-5185, 25-5189] [Entered: 08/18/2025 04:00 PM]
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| Filing 16 REPLY to Response to Motion for Injunctive Relief (DE 14 & 15) filed by Appellant San Carlos Apache Tribe. [COURT ENTERED FILING to correct DE 13.] [Entered: 08/18/2025 09:13 AM] |
| Filing 13 DEFECTIVE---Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant San Carlos Apache Tribe. [Wrong filing type used, correct entry is DE 16.] [Entered: 08/18/2025 08:54 AM] [Edited: 08/18/2025 09:14 AM] |
| Filing 11 MOTION to Accept Oversized Document Other than a Brief filed by Appellant San Carlos Apache Tribe. [Entered: 08/18/2025 08:51 AM] |
| Filing 15 RESPONSE to Motion for Injunctive Relief (DE 12) filed by Appellee Resolution Copper Mining, LLC. [COURT ENTERED FILING to correct DE 8-10.] [Entered: 08/18/2025 09:03 AM] |
| Filing 14 RESPONSE to Motion for Injunctive Relief (DE 12) filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [COURT ENTERED FILING to correct DE 6.] [Entered: 08/18/2025 08:56 AM] [Edited: 08/18/2025 09:09 AM] |
| Filing 10 DEFECTIVE---Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Resolution Copper Mining, LLC. [Wrong filing type used, correct entry is DE 15.] [Entered: 08/17/2025 10:22 PM] [Edited: 08/18/2025 09:05 AM] |
| Filing 9 DEFECTIVE---Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Resolution Copper Mining, LLC. [Wrong filing type used, correct entry is DE 15.] [Entered: 08/17/2025 06:10 PM] [Edited: 08/18/2025 09:04 AM] |
| Filing 8 DEFECTIVE---Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee Resolution Copper Mining, LLC. [Wrong filing type used, correct entry is DE 15.] [Entered: 08/17/2025 05:56 PM] [Edited: 08/18/2025 09:04 AM] |
| Filing 7 MOTION to Accept Oversized Document Other than a Brief filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [Entered: 08/17/2025 05:16 PM] |
| Filing 6 DEFECTIVE---Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellee United States Forest Service, Appellee Neil Bosworth, Appellee Brooke Rollins. [Wrong filing type used, correct entry is DE 14.] [Entered: 08/17/2025 05:15 PM] [Edited: 08/18/2025 09:08 AM] |
| Filing 12 MOTION for Injunctive Relief filed by Appellant San Carlos Apache Tribe. [COURT ENTERED FILING to refile motion in DE 3 and exhibits in DE 4.] [Entered: 08/18/2025 08:51 AM] [Edited: 08/18/2025 09:39 AM] |
| Filing 5 CLERK ORDER FILED. The court has received the emergency motions for injunctive relief. Any responses to the motions are due by 6:00 p.m. Pacific Time on August 17, 2025. The optional replies in support of the motions are due by 9:00 a.m. Pacific Time on August 18, 2025. [25-5185, 25-5189] [Entered: 08/16/2025 06:36 PM] |
| Filing 4 DEFECTIVE---EXCERPTS OF RECORD submitted for filing by Appellant San Carlos Apache Tribe. [Wrong filing type used, refiled correctly as exhibits in DE 12.] [Entered: 08/16/2025 06:28 PM] [Edited: 08/18/2025 09:40 AM] |
| Filing 3 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant San Carlos Apache Tribe. [COURT UPDATE: Removed motion from the certificate and refiled it in DE 12.] [Entered: 08/16/2025 06:02 PM] [Edited: 08/18/2025 10:24 AM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 8/20/2025, Preliminary Injunction Opening Brief Due (Appellant) 9/12/2025, Preliminary Injunction Answering Brief Due (Appellee) 10/10/2025. For appeal no. 25-5189, 2:21-cv-00068-DWL.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/15/2025 04:19 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:21-cv-00068-DWL has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-5189 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/15/2025 04:12 PM] |
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