Chemehuevi 638 Suit Dismissed, Moot

Here are the materials in Chemehuevi Indian Tribe v. United States (D. Ariz.):

1 Complaint

10 US Motion to Dismiss

13 Response

17 Reply

18 DCT Order

Ninth Circuit Affirms Conviction in US v. Polequaptewa

Here is the opinion.

Briefs here.

SCOTUS Grants Stay in Oklahoma v. Bosse [post-McGirt criminal appeal]

Here are the materials related to the application for a stay by the State of Oklahoma in Oklahoma v. Bosse:

Oklahoma Application for Stay

Bosse Response

Oklahoma Reply

Chickasaw Nation Amicus Brief

US Amicus Brief

Lower court materials here.

Washington COA Rejects Makah Challenge to State Land Exchange (and Three Tribes’ Effort to Stop the Whole Thing)

Here are the materials in Makah Indian Tribe v. Commissioner of Public Lands (Wash. Ct. App.):

D2 54945-0-II Unpublished Opinion

Makah Reply

State Response to Hoh-Quiluete-Quinault Amicus Brief

Makah Answer to Hoh-Quiluete-Quinault Amicus Brief

[missing from the court’s website are the initial briefs of the tribe and state, and the Hoh-Quiluete-Quinault amicus brief]

An excerpt:

The Makah Indian Tribe appeals the superior court’s order denying a constitutional writ to block a land exchange proposed by the Department of Natural Resources (DNR) and approved by the Board of Natural Resources. The land exchange, called the “Peninsula Exchange,” would exchange state forestlands with forestlands owned by a private timber company, Merrill & Ring. The Peninsula Exchange parcels border tribal lands of a number of Indian tribes, including the Makah, the Hoh, the Quileute, and the Quinault. The Makah argue that DNR violated (1) the State Environmental Policy Act (SEPA) by failing to conduct a SEPA environmental review prior to approval of the proposal and (2) the public lands management statute, Title 79 RCW, by insufficiently addressing the Makah’s concerns.
The Hoh, Quileute, and Quinault Tribes (the Amici Tribes) filed a joint amicus curiae brief requesting dismissal under CR 19, arguing that they are necessary and indispensable parties who cannot be joined due to their sovereign immunity. The Amici Tribes claim that the Peninsula Exchange parcels are part of their respective treaty hunting areas. The Makah argue that the Amici Tribes are not necessary and indispensable parties under CR 19 because this appeal can be decided without a determination of treaty rights of various tribes as the Makah’s claims are procedural challenges to DNR’s Peninsula Exchange.
Because we resolve this appeal without implicating the treaty rights of the various interested tribes, we hold that the Amici Tribes are not necessary or indispensable parties. Accordingly, dismissal of this appeal under CR 19 is not appropriate.
DNR’s interpretation of the SEPA categorical exemption is entitled to substantial weight and its determination that a land exchange is categorically exempt from SEPA review will be overturned only if it is clearly erroneous. We hold that DNR properly interpreted and applied the SEPA categorical exemption for state land exchanges to determine that the Peninsula Exchange was categorially exempt from SEPA review and that DNR’s finding that the Peninsula Exchange was exempt from SEPA was not clearly erroneous. Additionally, DNR complied with the public lands management statute by adequately consulting with the Makah prior to the Board’s approval of the Peninsula Exchange. Because the superior court’s decision was not manifestly unreasonable, or exercised on untenable grounds or for untenable reasons, we hold that the superior court did not abuse its discretion by denying the Makah a constitutional writ. We affirm.

Update with the rest of the briefs:

2020.08.17 QTA Amicus Motion

2020.08.17 QTA Declaration and Report

2020.08.18 Order Allowing QTA Amicus Brief

2020.08.29 Opening Brief of Makah Tribe

2020.09.11 QTA Amicus Brief

2020.09.11 QTA Amicus Declaration

2020.09.18 Opening Brief of Respondents

Ruling denying stay and accelerating review (7.17.20)

Prisoner Suit against Salt River Corrections Dismissed

Here are the materials in Loring v. Daly (D. Ariz.):

1 Complaint

31 Tribe Motion to Dismiss

39 Response

40 Reply

45 DCT Order

Update in Standing Rock/Dakota Access Pipeline

Here are the new materials in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

569 Tribe Motion

573 Army Corps Opposition

586 Tribe Reply

607 DCT Order

Prior post here.

Mount Rushmore Fireworks Suit Materials (so far)

Here are the materials in Noem v. Haaland (D.S.D.):

1 Complaint

3-1 Motion for PI

31 Cheyenne River Sioux Tribe Motion to Intervene

32 Noem Opposition

33 Tribe Reply

34 US Response to 3-1

37 Tribe Response to 3-1

43 DCt Order Granting Tribe Intervention

49 State Reply in Support of 3-1

Sovereign Lending Tribe Wins Partial Victory in Conn. SCT

Here is the opinion in Great Plains Lending LLC v. State of Conn. Dept. of Banking:

Connecticut SCT Opinion

Briefs here.

Cert Stage Materials in Seneca County v. Cayuga Indian Nation [property tax]

Here:

Seneca County Petition Final

Brief in Opposition

Reply

Lower court materials here.

 

Mohawk Nations Bring Reservation Boundaries Litigation

Here are the new materials in Canadian St. Regis Band of Mohawk Indians v. State of New York (N.D. N.Y.):

768-1 St. Regis Mohawk Motion

769-2 Akwesasne Mohawks Motion

770-1 People of the Longhouse Motion

771-1 US Motion