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BUGENIG v. HOOPA VALLEY TRIBE

No. 99-15654.

266 F.3d 1201 (2001)

Roberta BUGENIG, Plaintiff-Appellant, v. HOOPA VALLEY TRIBE; The Hoopa Valley Tribal Council; The Tribal Court of The Hoopa Valley Tribal Reservation; Honorable Byron Nelson, Jr., Judge of the Hoopa Valley Tribal Court; Merv George, Chairman of the Hoopa Valley Tribal Council, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2000.

Rehearing Granted February 28, 2001.

Argued and Submitted June 19, 2001.

Filed September 11, 2001.

Attorney(s) appearing for the Case

James S. Burling, Pacific Legal Foundation, Sacramento, California, for the plaintiff-appellant.

Thomas P. Schlosser and K. Allison McGaw, Morisset, Schlosser, Ayer & Jozwiak, Seattle, Washington, for the defendants-appellees.

Anne R. Traum, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C.; and Michael D. Beach, Faegre & Benson LLP, Minneapolis, Minnesota, for the amici curiae.

Before: Mary M. Schroeder, Chief Judge, and Procter Hug, Jr., Ferdinand F. Fernandez, Thomas G. Nelson, Andrew J. Kleinfeld, Barry G. Silverman, Susan P. Graber, M. Margaret McKeown, Kim McLane Wardlaw, Richard A. Paez, and Marsha S. Berzon, Circuit Judges.

Argued and Submitted July 18, 2000 — Seattle, Washington.

Rehearing En Banc Granted February 28, 2001.

Argued and Submitted June 19, 2001 — San Francisco, California.

Opinion by Judge GRABER; Dissent by Judge FERNANDEZ.

OPINION

GRABER, Circuit Judge:

The issue for decision is whether the Hoopa Valley Indian Tribe (Tribe) has authority to regulate logging by a non-Indian on fee land that she owns, located wholly...

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