Deschutes River Alliance v. Portland General Electric Company
Motion to Dismiss Pursuant to Rule 19 and Joinder to Confederated Tribes of the Warm Springs Reservation of Oregon's Motion to Dismiss. Oral Argument requested.Expedited Hearing requested.
515 U.S. 277 (1995) Cited 4,311 times 7 Legal Analyses
Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
443 U.S. 658 (1979) Cited 379 times 3 Legal Analyses
Holding that the right to take fish "in common with non-Indian citizens" gave the Indians a right to a class share of fish, not just an "equal opportunity" to catch fish on the same grounds as non-Indians
Finding "[d]eclaratory relief should be denied when it will neither serve a useful purpose in clarifying and settling the legal relations in issue nor terminate the proceedings and afford relief from the uncertainty and controversy faced by the parties"
Finding unripe a declaratory judgment action where the plaintiff's asserted injury would materialize, if at all, only after a long string of contingencies, including a finding of fault, an order requiring overpayment, and an action seeking contribution
Finding a tribe's presence does not preclude complete relief where “the injury complained of in the first three causes of action is the [Bureau of Indian Affairs]'s violation of the [Administrative Procedure Act] in carrying out a responsibility delegated to it by the [Tribe], under the [Tribe's] own Constitution”
Fed. R. Civ. P. 1 Cited 15,136 times 48 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Fed. R. Civ. P. 19 Cited 9,572 times 55 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
33 U.S.C. § 1341 Cited 394 times 36 Legal Analyses
Providing that each state "shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications."