Author: Matthew L.M. Fletcher

Keepseagle v. Perdue Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Whether the application of cy pres to this class action settlement is inappropriate because the class members have not been adequately compensated and whether this adequate compensation is best accomplished by awarding all settlement funds to the class.

2. Whether the district court failed to meet its obligation pursuant to FRCP 23(e)(1)(C) by ensuring a fair, reasonable, and adequate distribution to the class members.

3. Whether the class representatives and the class counsel engaged in self-dealing, collusion, and fraud; as well as, breaches of fiduciary duty to the class and whether those breaches should result in disgorgement of fees and incentive awards.

4. Whether it is time to set aside cy pres in class action settlement agreements because such provisions promote hidden objectives, give unfettered authority to non-parties, are unfair as a general matter, and the goals of selected entities [*9] fail to correspond to the interests of the class.

Ninth Circuit Affirms Existing Uranium Mine in Grand Canyon Protected Area

Matthew L.M. Fletcher1 Comment

Here is the opinion in Havasupai Tribe v. Provencio.

Ninth Circuit Affirms Grand Canyon Lands Withdrawal from Uranium Mining

Matthew L.M. Fletcher1 Comment

Here is the opinion in National Mining Association v. Zinke:

9th Cir. Opinion Affirming GC Withdrawal

SCOTUS Denies Cert in Great Plains Lending & Quapaw Gaming Cases

Matthew L.M. Fletcher

Here is yesterday’s order list.

The materials in Great Plains Lending v. CFPB are here.

The materials in Kansas v. NIGC are here.

Sixth Circuit Briefs in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield

Matthew L.M. Fletcher

Here:

Saginaw Chippewa Opening Brief

BCBS Brief

Reply Brief

Tenth Circuit Briefs in Cherokee Nation v. Zinke (UKB Trust Acquisition)

Matthew L.M. Fletcher

Here they are (so far);

Federal Brief

Lower court materials in Cherokee Nation v. Jewell here.

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

Matthew L.M. Fletcher

Here is the order list from last Friday.

Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren.

Lower court materials here.

Angelo Baca: “Bears Ears is Here to Stay”

Matthew L.M. Fletcher

In the New York Times, here.

National Indian Law Library Bulletin (12/7/2017)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 12/7/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 11/27/17 in: Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act – Application of)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Lower Elwha Klallam Indian Tribe v. Lummi Nation (Fishing Rights – Usual and Accustomed Fishing Areas)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of K.G. and A.R. (Indian Child Welfare Act – Notice)
Brown v. Garcia (Disenrollment; Tribal Sovereign Immunity)
Flathead Joint Board of Control v. State of Montana (Water Compacts)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature articles about the Trump administration’s decisions to revoke and replace Bears Ears National Monument.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added the following bills and resolutions:

  • H.R.4506: To provide incentives to encourage tribal job creation and economic activity, and for other purposes.
  • H.R.4490: To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, to maximize government efficiency and reduce costs, in cooperation with state, local, and tribal governments and other entities, and for other purposes.
  • H.R.4532: To create the first tribally managed national monument, and for other purposes.
  • S.2189: A bill to require the Secretary of the Treasury to mint coins in commemoration of the 400th anniversary of the landing of the Mayflower and settlement of Plymouth Colony, the signing of the Mayflower compact near Provincetown, and the role of the indigenous Wampanoag Tribes in the realization of the settlement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:

  • Resource Wars: A conflict of interests in the Bering Sea Climate Resilience Area.
  • Melting ice, shifting seas: An Arctic law update.
  • The Oil Sands of time: Pipelines and promises.

U.S. Regulatory Bulletin  
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of Commerce has published a notice relating to endangered and threatened species and taking of anadromous fish.

Utah Diné Bikéyah & Patagonia and Others Sue Trump over Bears Ears, Too

Matthew L.M. Fletcher

Here is the complaint in Utah Diné Bikéyah v. Trump (D.D.C.):

2017.12.06 – Bears Ears Complaint (filed)

Here is the complaint in Natural Resources Defense Council v. Trump (D.D.C.):

NRDC Complaint