Federal Court Orders Exhaustion in Suit Arising Out of Death of Yakama Citizen

Here are the materials in United Financial Casualty Company v. Spencer Trucking LLC (E.D. Wash.):

1 Complaint

3 Amended Complaint

5 Motion to Dismiss

7 Response

12 Reply

14 Motion for Summary Judgment

17 Second Motion to Dismiss

22 DCT Order

WaPo: “Wealthy couple chartered a plane to the Yukon, took vaccines doses meant for Indigenous elders, authorities said”

Here.

D.C. Circuit Affirms Order that DAPL Easement is Illegal, but Does Not Require Shutdown of Pipeline

Here is the opinion in Standing Rock Sioux Tribe v. United States Army Corps of Engineers.

An excerpt:

Lake Oahe, created when the United States Army Corps of Engineers flooded thousands of acres of Sioux lands in the Dakotas by constructing the Oahe Dam on the Missouri River, provides several successor tribes of the Great Sioux Nation with water for drinking, industry, and sacred cultural practices. Passing beneath Lake Oahe’s waters, the Dakota Access Pipeline transports crude oil from North Dakota to Illinois. Under the Mineral Leasing Act, 30 U.S.C. § 185, the pipeline could not traverse the federally owned land at the Oahe crossing site without an easement from the Corps. The question presented here is whether the Corps
violated the National Environmental Policy Act, 42 U.S.C. § 4321, by issuing that easement without preparing an environmental impact statement despite substantial criticisms from the Tribes and, if so, what should be done about that failure. We agree with the district court that the Corps acted unlawfully, and we affirm the court’s order vacating the easement while the Corps prepares an environmental impact statement. But we reverse the court’s order to the extent it directed that the pipeline be shut down and emptied of oil.

Briefs here.

Federal Court Rejects Challenge to Fort Peck Cross-Dep Agreements

Here are the relevant materials in United States v. Fowler (D. Mont.):

23 Motion to Suppress

28 Response

36 Reply

79 DCT Order Denying Motion to Suppress

The Onion: “Tearful Justin Trudeau Chains Self To Keystone Pipeline To Stop Biden Administration From Destroying Oil Industry Heritage Site”

Here.

Yakama General Council Sues Vineyard

Here is the complaint in Yakama Nation General Council v. Sheridan Vineyard (E.D Wash.):

1 Complaint

Federal Court Dismisses Suit by Group of Jamul Indian Village Descendants, Issues Show Cause Order on Sanctions

Here are the materials in Rosales v. United States (E.D. Cal.):

1 Complaint

7 Notice of Related Cases

8 Objections to 7

19-1 Motion to Dismiss

22 Opposition

26 Reply

28 DCT Order

Posts on prior cases are here and here.

WaPo: “The week hundreds of Native Americans took over D.C.’s Bureau of Indian Affairs”

By Dana Hedgpeth, former board member of the Native American Journalists Association. Here.

HCN: “Bears Ears is just the beginning”

Here.

Tribal Law Journal Vol. 21 Preview

Here:

TLJ Vol. 21 Preview.docx