Federal Court Dismisses Pala Band’s Challenge to State Motor Fuel Tax Collection Requirement

Here are the materials in Pala Band of Mission Indians v. Maduros (S.D. Cal.):

15 Second Amended Complaint

16-1 Motion to Dismiss

18 Response

19 Reply

21 DCT Order

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.

NYTs: “A Push to Move the Golf Course Atop a Native American ‘Stonehenge’”

Here.

WaPo: “This land is sacred to the Apache, and they are fighting to save it”

Here.

Wisconsin Federal Court Holds Tax Immunities Do Not Apply to Reacquired Reservation Land

Here are the relevant materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers (W.D. Wis.):

153 State Motion for Summary J

171 Towns and Assessors Motion for Summary J

172 Tribe Motion for Summary J

213 Tribe Response to 171

215 Tribe Response to 153

223 State Reply in Support of 153

228 Towns and Assessors Reply in Support of 171

232 Tribe Reply in Support of 172

245 DCT Order

Prior post here.