Author: Matthew L.M. Fletcher

Federal Court Holds Interior May Not Take Land into Trust for Gaming Purposes for Keetoowah

Matthew L.M. Fletcher

Here is the opinion in Cherokee Nation v. Bernhardt (N.D. Okla.):

172 DCT OrderDownload

Prior post here.

Former Indian Law Professor Falsely Claims China is Liable for COVID-19

Matthew L.M. Fletcher

More in the sorry tale of Gavin Clarkson (it is my understanding he is a licensed attorney, but after this and other missteps clients should probably beware):

In my earlier post I relied on a search in the New Mexico State Bar directory, but Gavin is licensed in Texas.

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

Matthew L.M. Fletcher

Here:

Cert Petition
 

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

Tribes Prevail in Standing Rock Suit, Court Orders Army Corps Prepare EIS on Dakota Access Pipeline

Matthew L.M. Fletcher

Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

2020-03-25-dkt-496-memorandum-opinion-re-495-order-on-motions-for-summary-judgment.-signed-by-judge-james-e.-boasberg-on-3252020.pdf

More details later.

Vox Profile of COVID-19 in Indian Country

Matthew L.M. Fletcher

Here is “The coronavirus is exacerbating vulnerabilities Native communities already face.”

Kirsten Carlson on COVID-19 and Indian Country

Matthew L.M. Fletcher

From the Conversation, here is “Tribal leaders face great need and don’t have enough resources to respond to the coronavirus pandemic.”

Cayuga Nation Prevails over Village in Gaming Case

Matthew L.M. Fletcher

Here is the opinion in Cayuga Nation v. Tanner (N.D. N.Y.):

147-dct-order.pdf

Briefs here.

Profile of Wisconsin Law Students Forrest Gauthier and Lorenzo Gudino

Matthew L.M. Fletcher

Here.

FMC Corp. v. Shoshone-Bannock Tribes Cert Petition [Updated]

Matthew L.M. Fletcher

Here:

cert-petition.pdf

Questions presented:

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Lower court materials here.

Update:

Brief in Opposition

Reply

US Invitation Brief

FMC Supplemental Brief

AP: “Tribes take measures to slow spread of new coronavirus”

Matthew L.M. Fletcher

Here. An excerpt:

“Tribes are really just big families in a lot of ways,” said Matthew Fletcher, a law professor at Michigan State University. “The threats to your family are something you’re going to take seriously.”