Second Circuit Rejects Six Nations GRE Challenge to Connecticut’s Tobacco Statute

Here are the materials in Grand River Six Nations Enterprises Ltd. v. Boughton:

CA2 Opinion

Six Nations Grand River Enterprises Brief

Connecticut Brief

Reply

Ninth Circuit Materials in Snoqualmie Tribe v. State of Washington

Briefs:

Samish Brief

Samish Reply

Sauk-Suiattle Amicus Brief

Snoqualmie Brief

Snoqualmie Reply

State Response Brief

Treaty Tribes Amicus Brief

Tulalip Amicus Brief

Lower court materials here.

Federal Court Denies Injunction on Enbridge Line 3, Too

Here are the materials in Red Lake Band of Chippewa Indians v. United States Army Corps of Engineers (D.D.C.):

28 Enbridge Opposition

29 Army Corps Opposition

33 Reply

42 DCT Order

Prior post here.

Minnesota COA Refuses to Shut Down Enbridge Line 3

Here is the order:

2021-02-02 Order Denying Stay

Department of Justice Journal of Federal Law and Practice — Missing or Murdered Indigenous Persons: Law Enforcement and Prevention

Here.

Crow Tribe Attempts to Reopen Crow Treaty Rights Suit

Here is the motion in Crow Tribe v. Repsis (D. Wyo.):

70 Crow Tribe Motion

An excerpt:

But that was not the end of the story. In 2014, Clayvin B. Herrera, a Crow Tribe member, along with other Crow Tribe members in his hunting party, took three elk in the Bighorn National Forest. Mr. Herrera was cited for, and convicted of, violations of Wyoming hunting laws. Mr. Herrera’s case went all the way to the U.S. Supreme Court, which held that the Crow Tribe’s off-reservation treaty hunting right was not extinguished by Wyoming’s statehood. Herrera v. Wyoming, 139 S. Ct. 1686, 1700 (2019). In so doing, the Court also held “that Race Horse is repudiated to the extent it held that treaty rights can be impliedly extinguished at statehood.” Id. at 1697. Today, this Court has the opportunity to relieve the Crow Tribe from the judgment, based on Race Horse, that it entered more than 25 years ago.
This is precisely the sort of circumstance that Federal Rule of Civil Procedure 60 was written to remedy. This Court’s Repsis judgment remains in force; but that judgment was based entirely on a case that has been expressly and entirely repudiated by the U.S. Supreme Court, which affirmed the vitality of the very same treaty right that that this Court and the Tenth Circuit found extinct. To allow this Court’s Repsis judgment—which might have been correct when it was made, but now has been unequivocally repudiated by the Supreme Court—to bar the Crow Tribe and its members from legally exercising their off-reservation treaty hunting rights would be a profound injustice. Equity requires that the Crow Tribe, and by extension its members, be relieved from this Court’s Repsis judgment, which this Court should now vacate.

Ninth Circuit Materials in Paskenta Band Suits against Financial Institutions

Here are the briefs in Paskenta Band of Nomlaki Indians v. Umpqua Bank:

Opening Brief

Answer Brief

Reply

 

Here are the materials in Paskenta Band of Nomlaki Indians v. Associated Pension Consultants:

Opening Brief

Answer

Reply

 

Washington COA Restores Yakama Nation Suit against County over Land Use Ordinance

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Okanogan County (Wash. Ct. App.):

371298_unpublished opinion

Yakama Brief

County Brief

Reply

An excerpt:

This appeal concerns one of endless broken promises by American government authorities toward Native Americans. The breach of an agreement in this instance also encompasses a violation of a court order.
The Confederated Tribes and Bands of the Yakama Nation (Yakama Nation) agreed to dismiss a lawsuit against Okanogan County, and, in return, the county agreed to adopt, by December 31, 2018, a new comprehensive plan and zoning ordinance that hopefully addressed the concerns the Nation had about the county’s current plan and ordinance. The superior court signed an order of dismissal without prejudice of the lawsuit, which order incorporated the many promises of the parties. When Okanogan County failed to adopt a new plan and ordinance by December 31, 2018 and thereby violated the court order, the Yakama Nation moved to vacate the order of dismissal. The superior court denied the motion to vacate on the alternative grounds that it lacked authority to vacate an order of dismissal without prejudice and that the Nation had no sustainable cause of action against the county for breaching its promises or violating the court order. Because the order of dismissal without prejudice imposed numerous obligations on Okanogan County, some of which it has disobeyed, we rule that the motion to vacate should have been granted. We thus reverse the superior court.

Oklahoma SCT Punts (I Don’t Mean in a Bad Way) on State and Tribal Taxes on Nonmembers on Creek Nation Restricted Lands

Here is the opinion in Warehouse Market Inc. v. State of Oklahoma ex rel. Oklahoma Tax Commission.

Briefs:

Oklahoma Brief

Warehouse Market Brief

Reply

An excerpt:

The plaintiff/appellee, Warehouse Market subleased a commercial building from the defendant Pinnacle Management, Inc. The building is on federally restricted Indian land. Subsequently, the defendant/appellant, Oklahoma Tax Commission (OTC) and the Muscogee (Creek) Nation Office of Tax Commission (Tribe) both sought to collect sales tax from Warehouse Market. Warehouse Market filed an interpleader action in the District Court of Okmulgee County, in an attempt to have the court determine which entity to pay. However, the trial court dismissed the Tribe because it had no jurisdiction over it because of the Tribe’s sovereign immunity. The trial court then determined that the OTC could not be entitled to the sales tax unless and until the dispute between the OTC and the Tribe was resolved in another forum or tribunal. The OTC appealed and we retained the appeal. We hold that because the substance of Warehouse Market’s action/request for relief is a tax protest, exhaustion of administrative remedies is a jurisdictional prerequisite to seeking relief in the trial court.

Federal Judge Temporarily Blocks Closure of IHS Hospital

Here are the materials in Pueblo of Acoma v. Dept. of Health and Human Services (D.D.C.):

1 Complaint

2 Motion for TRO

3 Motion for PI

7 Opposition

8 DCT Order