The Kennewick Man Case | Court Documents | Communications with the Court

Additional Citations of Recent 9th Circuit Decisions

Scientists' Attorney Paula Barran continues to update the panel of judges reviewing the Bonnichsen case on recent decisions of the Court of Appeals for the Ninth Circuit.

Ms. Barran has submitted letters to Cathy A. Catterson, Clerk of the Court, US Court of Appeals for the Ninth Circuit. All parties were copied on these letters. All letters begin with the same opening remarks so the citations follow by date of submission.

"In accordance with the practice of this court and pursuant to FRAP 28(j) this letter provides additional citations to authority relevant to issues presented for consideration in the above referenced matter."

Sent September 3, 2003:

Hemp Industries Association v. DEA, No. 01-716612, June 30, 2003, reported at 33 F.3d 1082 (9th Cir 2003) (which supports arguments made at pages 42-45 of Appellees' Answering Brief).

Sent October 13, 2003:

Sierra Club v. United States Environmental Protection Agency, No. 01-71902 (9th Cir. October 9, 2003). This supports the arguments made at pages 62-64 of Apellees' Answering Brief on the propriety of the District Court's decision not to remand.

Sent January 5, 2004:

The Wilderness Society; Alaska Center for the Environment v. United States Fiesh and Wildlife Service, No. 01-35266 (9th Cir. en banc, December 30, 2003). This decision addresses the proper analysis to be applied in determining whether to defer to agency action and interpretation (including solicitor's opinions).

We have not received any information that the Department of Justice nor the Joint Tribal Coalition have had similar opportunities to submit recent 9th Circuit decisions which may support their appeals.

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