D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

Here is the opinion.

An excerpt:

This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.

Briefs here.

Mohawk Gaming Loses Pandemic Business Interruption Claim against Insurance Company

Here are the materials in Mohawk Gaming Enterprises LLC v. Affiliated FM Insurance Co. (N.D. N.Y.):

18-1 Mohawk MSJ

19-1 Affiliated Response

23 Mohawk Reply

27 Affiliated Reply

32 DCT Order

The complaint is here.

Ksanka Kupaqa Xaʾⱡȼin Prevails in Rock Creek Mine Challenge

Here are the materials in Ksanka Kupaqa Xaʾⱡȼin v. United States Fish and Wildlife Service (D. Mont.):

99 Amended Complaint

108 Ksanka Kupaqa Xa’lcin MSJ

110 Intervenor MSJ

114 Federal MSJ

117 Ksanka Kupaqa Xa’lcin Reply

120 Intervenor Reply

121 Federal Reply

131 DCT Order

Federal Court Stays Mille Lacs Reservation Boundaries Case Pending Interlocutory Appeal by County Officials

Here are the materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

225 Tribe Motion for Summary Judgment

241 County Motion for Summary Judgment

250 State of Minnesota Amicus Brief

265-1 US Amicus Brief

269 Tribe Reply

271 County Reply

286 Tribe Supplemental Brief

288 County Response to 286

290 DCT Order

Prior post here.

D.C. Circuit Rejects Tribal Contract Support Costs Claim re: Insurance Money

Here is the opinion in Swinomish Indian Tribal Community v. Becerra.

Briefs:

Swinomish Brief

Tribal Amicus Brief

Federal Answer Brief

Swinomish Reply

Lower court materials here.

 

Federal Suit against MHA Nation-Affiliated Lending Business Stayed Pending Fourth Circuit Decision in Hengle v. Treppa

Here are the materials in Manago v. Cane Bay Partners VII LLLP (D. Md.):

40 Amended Complaint

73-1 Motion to Stay

76 Opposition

82 DCT Order Granting Motion for Stay

The briefs in Hengle v. Treppa are here.

Kristen Carpenter’s Book Review of McNally’s “Defending the Sacred” in the Harvard Law Review

Kristen A. Carpenter has published “Living The Sacred: Indigenous Peoples and Religious Freedom” in the Harvard Law Review, reviewing Michael McNally’s “Defend the Sacred: Native American Religious Freedom Beyond the First Amendment.”