Author: Matthew L.M. Fletcher – Page 323

Cedarville Rancheria Prevails in Tribal Exhaustion Matter

February 16, 2017February 17, 2017Matthew L.M. Fletcher

Here are the materials in Knighton v. Cedarville Rancheria of Northern Paiute Indians (E.D. Cal.):

An excerpt:

Plaintiff Duanna Knighton, the former Tribal Administrator for defendant Cedarville Rancheria of Northern Paiute Indians (“the Tribe”), seeks declaratory and injunctive relief against the Tribe, Cedarville Rancheria Tribal Court (“Tribal Court”), and Tribal Court Judge Patricia R. Lenzi (“Tribal Judge Lenzi”) (collectively “defendants”) to avoid Tribal Court jurisdiction over claims that she defrauded the Tribe and breached her fiduciary duties to it. Defendants move to dismiss Knighton’s complaint because the Tribal Court has jurisdiction. I agree that it has both regulatory and adjudicative authority over its former employee under the facts alleged; accordingly, it has subject matter jurisdiction. Defendants’ motion is GRANTED WITH PREJUDICE.

Split Washington SCT Decides Rule 19/Tribal Immunity in In Rem Jurisdiction Matter

February 16, 2017Matthew L.M. Fletcher2 Comments

Here is the 5-4 opinion in Lundgren v. Upper Skagit Indian Tribe.

Briefs:

Monte Mills: “How will Native tribes fight the Dakota Access Pipeline in court?”

February 16, 2017Matthew L.M. Fletcher

Here, at PBS.

An excerpt:

Although the details of those arguments will be complex, as a legal scholar focused on Native American law I see the case addressing an essential question at the heart of our legal system: namely, how does federal law and judicial process protect the fundamental values and structure of the Constitution?

Onion: “Neil Gorsuch Vows To Interpret Constitution Using Scalia’s Original Intent”

February 15, 2017Matthew L.M. Fletcher

Here.

Ninth Circuit Materials in Navajo Nation Water Rights Claim to Colorado River

February 15, 2017February 15, 2017Matthew L.M. Fletcher3 Comments

Here are the briefs in Navajo Nation v. Dept. of Interior:

Water Districts Brief

Navajo Reply

Oral argument video here.

Lower court materials here.

Ninth Circuit Materials in Guidiville Rancheria v. United States

February 15, 2017Matthew L.M. Fletcher

Here are the briefs:

Guidiville Rancheria Opening Brief

City of Richmond Brief

Oral argument video here.

Lower court materials here.

Moyers & Co.: “Why We Must Respect the Sacred at Standing Rock”

February 14, 2017Matthew L.M. Fletcher

Here.

Wisconsin Oneida Cert Opposition Brief in Meyers v. Oneida

February 14, 2017Matthew L.M. Fletcher

Here:

Oneida Cert Opp

Petition here.

Oglala Sioux Tribe Suit against Army Corps

February 13, 2017Matthew L.M. Fletcher2 Comments

Here is the complaint in Oglala Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

Complaint

An excerpt:

This is a complaint for declaratory and injunctive relief to stop the construction and operation of the Dakota Access Pipeline (DAPL) until the Defendant United States Army Corps of Engineers (Corps) completes an environmental impact statement (EIS) that fully analyzes the impacts of the DAPL to the Tribe’s Treaty rights and rights in the Mni Wiconi Project as required by the National Environmental Policy Act (NEPA) and the Mineral Leasing Act (MLA).