cultural resources

Jemez Pueblo Loses Claim to Valles Caldera National Preserve

Matthew L.M. Fletcher

Here are (some of) the materials in Pueblo of Jemez v. United States (D. N.M.):

387 Jemez Trial Brief

399 DCT Judgment

An excerpt:

THIS MATTER comes before the Court on the Court’s Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, filed August 31, 2019 (Doc. 398). In the Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, the Court: (i) concludes that Plaintiff Pueblo of Jemez does not have the exclusive right to use, occupy, and possess the lands that encompass the Valles Caldera National Preserve; (ii) quiets title to the Valles Caldera National Preserve in Defendant United States of America; (iii) dismisses the case with prejudice; and (iv) directs the parties to D.N.M.LR-Civ. 54, should they seek to recover any attorney’s fees and costs. See Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order at 498. Having disposed of all claims and parties before the Court in this case, the Court now enters Final Judgment. [emphasis added]

Our extensive prior posts are here.

HCN: “Far-right extremists appropriate Indigenous struggles for violent ends”

Matthew L.M. Fletcher

Here.

Lummi Nation Ceremony to Honor Endangered Southern Resident Orcas

Ann Tweedy

Here.

Tribal Motions for Summary Judgment in Standing Rock v. Army Corps [Dakota Access Pipeline]

Matthew L.M. Fletcher

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

418 DCT Order on Administrative Record

433-2 Standing Rock Motion for Summary Judgment

434-2 Oglala Motion for Summary Judgment

435-1 Yankton Motion for Summary Judgment

436-1 Cheyenne River Motion for Summary Judgment

439 NCAI Amicus Brief

Nebraska SCT Affirms State Commission’s Decision to Approve Keystone XL Route

Matthew L.M. Fletcher

Here is the opinion in In re Application No. OP-0003:

N00006778PUB

D.C. Circuit Briefs in Narragansett Indian Tribal Historic Preservation Office v. FERC

Matthew L.M. Fletcher

Here:

Tribe Brief

FERC Brief

Reply

Cayuga & Clint Halftown Sue Showtime for Billions

Matthew L.M. Fletcher

Here is the complaint in Cayuga Nation v. Showtime (N.Y. Sup. Ct.):

1 Complaint

Update:

motion-to-dismiss.pdf

Opposition

High Country News: “The legacy of colonialism on public lands created the Mauna Kea conflict”

Matthew L.M. Fletcher

Here.

D.C. Circuit Decides United Keetoowah Band of Cherokee Indians v. FCC

Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

We grant in part the petitions for review because the Order does not justify the Commission’s determination that it was not in the public interest to require review of small cell deployments. In particular, the Commission failed to justify its confidence that small cell deployments pose little to no cognizable religious, cultural, or environmental risk, particularly given the vast number of proposed deployments and the reality that the Order will principally affect small cells that require new construction. The Commission accordingly did not, pursuant to its public interest authority, 47 U.S.C. § 319(d), adequately address possible harms of deregulation and benefits of environmental and historic-preservation review. The Order’s deregulation of small cells is thus arbitrary and capricious. We do not reach the alternative objections to the elimination of review on small cell construction. We deny the petitions for review on the remaining grounds.

Prior post here.

Tohono O’Odham Nation Amicus Brief in SCOTUS Border Wall Matter

Matthew L.M. Fletcher

Here is the brief in Trump v. Sierra Club:

TON Brief in Trump v Sierra Club