Slockish v. Dept. of Transportation Cert Petition


Question presented:

Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.

Lower court materials here.

D.C. Federal Court Affirms Army Corps’ Approval of Enbridge Line 3 Permit

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

52 Friends of the Headwaters MSJ

53-1 Tribes and Tribal Orgs MSJ

61-1 US Cross Motion

64 Enbridge Cross Motion

65 Tribal Reply

67 Friends Reply

69 US Reply

70 Enbridge Reply

90 DCT Order

Prior post here.

DALL-E rendition of the Enbridge Line 3 pipeline.

The End of a Michigan Law Allowing Scientists to Dig Up “Aboriginal Inhabitants”

Came across this short note in Indian Talk, a 1973 newsletter by and about Michigan Indians and a precursor to the original Turtle Talk, referencing a federal lawsuit filed to have Michigan public law 750.160 declared unconstitutional. That law prohibited Dr. Frankenstein and others from digging up graves, but granted an exception to Indiana Jones in case he found some Indian bones:

Shay Elbaum at the Michigan law library found a 1974 law repealing the part about “aboriginal inhabitants.”

Can’t find a record of the lawsuit, however. It probably went away when the state legislature repealed the exception.

I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

Prior post on the D.C. Circuit decision from which this case is on remand here.


New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Here are the materials in United States v. Skeet (D.N.M.):

Not a bird

Peggy Fontenot [represented by Pacific Legal Foundation] Challenge to Missouri American Indian Arts and Crafts Act Dismissed

Here are the materials in Fontenot v. Schmitt (W.D. Mo.):