Updated Standing Rock/NoDAPL Pleadings (March 21-May 11) [Update: thru May 17]

Here are updated pleadings in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

194 DAPL Reply re Vance Resp to Ct Order

195 SRST Opp to ACOE & DAPL Mtns for Partial Sum Judg

198 Consol Reply to Motion to Amend Complaint

198 CRST Motion to Extend Time

200 SRST Reply to Motion to Amend Complaint

201 ACOE Reply in Support of Mtn Partial Summ Judg re SRST

203 DAPL Reply in Support of ACOE Cross-Mtn for Partial Summ Judgment

205 Opinion re DAPL Mtn for Protective Order

205 Order re DAPL Mtn for Protective Order

207 CRST Reply in Support of MPSJ & Opp Cross-Mtns

208 CRST Reply in Supp of MPSJ & Opp Cross-Mtns209 Joint Appendix

212 Errata-Joint Appendix

213 DAPL Reply in Support of Mtn for Partial Summary Judgment

214 ACOE Repl Supp Mtn PSJ

216 DAPL Motion to Compel

216-1 DAPL Memorandum in Support of Motion to Compel

217 ACOE Answer

218 Joint Appendix

219 SRST Response to Motion to Compel

220 Intervenor Motion to Supplement the Record

221 Notice of Addition of Documents to the Record

222 Oglala Opp to Mtn to Compel

223 ACOE Resp to Mtn to Compel

224 ACOE Motion to Extend Time

225 DAPL Reply in Support of Motion to Compel

225-1 Debold Dec

226 DAPL Unopp Mtn to Intervene

226-1 Proposed Responsive Pleading

226-2 Answer

Guest Post — Jay Rosner — Response to Kevin Washburn

This is the third in a series of posts:

(1) Guest Post — Jay Rosner: The LSAT vs. the GRE: May They Both Lose
(2) Guest Post — Kevin Washburn: The LSAT’s Key Role in Native Legal Education

I’m honored that Prof. Kevin Washburn took the time to respond to a Turtle Talk post of mine.   I had deeply criticized both the LSAT and GRE, but I expressed the hope that the movement to accept both in law school admissions will subject both to the kind of scrutiny, particularly on their disparate impacts, that will be more difficult for them both to withstand.

Prof. Washburn’s post, entitled “The LSAT’s Key Role in Native Legal Education,” emphasized that “… if the LSAT lost its leading role in legal education … it could be bad.  Very bad.”  He then tells the uplifting story of PLSI, which has an admirable record helping 25-35 Native students each year, for decades, succeed in law school by providing them with excellent summer instruction, stipends and role models, among other supports.  He clearly is a proud alumnus of that program.

Prof. Washburn’s primary defense of the LSAT is that its developer, LSAC, has played a major role in funding PLSI over the years.  LSAC is to be commended for that; however, I submit that for those of us advocating fair representation in the legal profession, LSAC’s only positive attribute is its support for PLSI. Continue reading

Navajo Sues Interior over FY2017 Judicial Contract

Here is the complaint in Navajo Nation v. Dept. of Interior (D.D.C.):

Complaint

An excerpt:

Plaintiff Navajo Nation (“Nation”) seeks relief for Defendants’ violations of the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. § 5301 et seq. (“ISDEAA”), and regulations promulgated thereunder, and for Defendants’ breach of a self-determination contract made under the ISDEAA. Under the ISDEAA and governing regulations, Defendants may not decline an Indian tribe’s renewal proposal for a self-determination contract, or contract funding, if it is substantially the same as the prior contract. The Nation submitted a renewal proposal to the Department of the Interior (“Department”) for their contract covering operations of the Navajo Nation Judicial Branch that proposed funding in the amount of $17,055,477 for calendar year (“CY”) 2017. This was the same amount that the Nation sought for CY 2016 and was essentially the same amount that the Nation had previously sought for CY 2014 and CY 2015 ($17,055,517) and which had been approved by operation of law because of Defendants’ failure to decline the Nation’sCY 2014 funding proposal within the 90-day review period established by law. Nonetheless, Defendants partially declined the Nation’s renewal proposal for all funding in excess of $1,429,177.00 for CY 2017. Because Defendants’ action violates the ISDEAA and applicable regulations, the Nation is entitled to declaratory and injunctive relief and damages.

Federal Court Dismisses Nooksack v. Zinke; Plaintiff Lacks Standing as “Nooksack Tribe”

Here are the materials in Nooksack Indian Tribe v. Zinke (W.D. Wash.):

19 – Nooksack Tribe’s Motion for Preliminary Injunction

26 – Federal Defendants’ Opposition to Preliminary Injunction Motion and Cross-Motion to Dismiss

29 – Nooksack Tribe’s Reply in Support of Motion for Preliminary Injunction

36 – Nooksack Tribe’s Response in Opposition to Federal Defendants’ Cross-Motion to Dismiss or for Summary Judgment

39 – Secretary’s Reply re Motion to Dismiss

43 – Order Granting Defendants’ Motion to Dismiss

44 – Judgment

Federal Court Dismisses FTCA Claim Arising from Hot Oil Burn at Indian School

Here are the materials in Lightning Fire v. United States (D.S.D.):

20 Motion to Dismiss

28 Response

32 Reply

34 DCT Order

First Guilty Plea in Winnebago Tribal Council Embezzlement Indictments

Here are the materials so far in United States v. Blackhawk (D. Neb.):

1 Indictments

129 Payer Plea Agreement

TruthOut: “Trump’s Remark on Andrew Jackson Was a Dog Whistle for White Nationalists”

Here.

Seminole Tribe Prevails in Tribal Court Exhaustion Matter

Here are the materials in Asker v. Seminole Tribe of Florida (S.D. Fla.):

Askar Seminole [DE 42] Def. Seminole Ct. Resp. in Opp. to M. to Vacate

Defendant’s, the Seminole Tribe of Florida Trial Court, Motion to Dismiss

Defendant’s, The Seminole Tribe of Florida Trial Court, Response in Opposition

Order of Dismissal Without Prejudice

Order on Motion to Vacate

Fourth Circuit Rejects Western Sky-Related Claims

Here are the materials in Dillon v. BMO Harris Bank:

Opinion

Opening Brief

Response Brief

Reply Brief

Lower court materials here.

 

The Guardian: “Dakota Access pipeline has first leak before pipeline is fully operational”

Here.