Author: Matthew L.M. Fletcher

Washington Federal Court Holds that Railroad is Liable for Trespass on Swinomish Lands

Matthew L.M. Fletcher

Here are the available trial materials from Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

207 Swinomish Trial Brief

208 BNSF Trial Brief

And here is the judge’s decision:

216-dct-orderDownload

Prior post here.

Montana Federal Court Declines to Enjoin Montana’s Human Rights Board from Enforcing COVID/Vaccination Laws on Blackfeet

Matthew L.M. Fletcher

Here are the new materials in Glacier County Regional Port Authority v. Esau (D. Mont.):

16 Second Amended Complaint

20 Glacier County Motion for Preliminary Injunction

25 Montana Human Rights Bureau Response

29 Reply in Support of 20

34 Montana Human Rights Bureau Response to 20

50 Amended Blackfeet Nation Intervenor Complaint

62 Blackfeet Nation Response to 20

67 Montana Dept of Labor and Industry Response to 62

76 DCT Order

Prior post here and here.

D.C. Circuit Issues CARES Act Opinion in Shawnee v. Yellen, or is it Miccosukee v. Yellen or Prairie Band Potawatomi v. Yellen?

Matthew L.M. Fletcher

Here is the opinion in Prairie Band Potawatomi Nation v. Yellen. Long story short, Shawnee settled (I think) so they’re out, Miccosukee is out because their challenge is moot, and Prairie Band gets a remand ‘cuz the gummint’s got some ‘splaining to do. No zhoonya for tribal interests here, though the billables keep coming.

Briefs:

Opening Brief.pdfDownload
Federal Brief.pdfDownload
Reply.pdfDownload
Tribal Supplemental Brief.pdfDownload
Federal Supplemental Brief.pdfDownload

Lower court materials here (I think).

Not sure if this guy is entitled to zhoonya, but if he is, he deserves more than $70.

Tenth Circuit Rules in Favor of Jemez Pueblo’s Aboriginal Rights Suit re: Valles Caldera

Matthew L.M. Fletcher

Here is the opinion in Pueblo of Jemez v. United States.

An excerpt:

In our circuit, both before and after Jemez I, the Jemez Pueblo could lose its established aboriginal title to Banco Bonito only if its title had been extinguished or abandoned. And the district court concluded that neither of those conditions had occurred. So in accordance with longstanding Supreme Court precedent, and by the district court’s findings, the Jemez Pueblo still has aboriginal title to Banco Bonito.

Links to briefs and lower court materials here.