Federal Court Dismisses Kickapoo Member’s Challenge to Federally Approved Wind Energy Project

Here are the materials in Mattwaoshshe v. United States (D.D.C.):

1 Complaint

36-1 US Motion to Dismiss

38-1 Soldier Creek Wind Motion to Dismiss

39-1 Nextera Energy Motion to Dismiss

40-1 Westar Energy Motion to Dismiss

44 Opposition

48 Soldier Creek Opposition

49 Nextera Reply

50 Westar Reply

51 US Reply

60 DCT Order

Not that it would matter much in this issue, but I can’t help but point out of the more anomalously interpreted Indian law statutes of all time is briefly discussed in this opinion. Here is the law, 25 U.S.C. sec. 175:

In all States and Territories where there are reservations or allotted Indians the United States attorney shall represent them in all suits at law and in equity.

Seems pretty clear, eh? No chance. 🙂 Yet another example of the word “shall” being interpreted as the exact opposite of its meaning. . . .