Federal Court Rejects Battle Mountain Shoshone Effort to Protect Historic Grounds

Here is the order in Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. Bureau of Land Management (D. Nev.):

78 DCT Order

Most of the pleadings are sealed so this is what we have.

WaPo: “Cleveland’s Chief Wahoo: Why the most offensive image in sports has yet to die”

Here.

Court Dismisses with Leave to Amend Tribal Challenge to Willits Bypass

Materials in the matter of Coyote Valley Band of Pomo Indians of California, et al v. United States Department of Transportation et al, 15-cv-04987 (N.D. Cal. 2016):

Doc. 26 – California Department of Transportation’s and Malcolm Dougherty’s Answer and Affirmative Defenses to Complaint

Doc. 31 – Federal Defendants’ Notice of Motion and Motion to Dismiss

Doc. 35 – Opposition of Plaintiffs the Coyote Valley Band of Pomo Indians of California and the Round Valley Indian Tribes of California to Federal Defendants’ Motion to Dismiss

Doc. 36 – Federal Defendants’ Reply in Support of Their Motion to Dismiss

Doc. 58 – Order Granting Federal Defendants’ Motion to Dismiss, with Leave to Amend

Link to previously posted complaint here.

Ninth Circuit Affirms Use of “Crazy Horse” Trademark for Strip Clubs

Here is the opinion in Russell Road Food & Beverage v. Spencer.

An excerpt:

Once associated with a legendary Native American leader, “Crazy Horse” is now a registered trademark for “entertainment services, namely, exotic dance performances.” We must decide whether Russell Road’s use of the mark “Crazy Horse III” for its Las Vegas strip club infringes defendants Frank Spencer and Crazy Horse Consulting’s rights to the trademark “Crazy Horse.” The district court granted summary judgment to Russell Road, holding that it has the right to use the mark because it is the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered Crazy Horse mark. We agree, and therefore affirm the entry of summary judgment in favor of Russell Road.

Nez Perce Files Suit Over Final Decision in Clear Creek Project

Download complaint here.

Link to news coverage here.

Copies of Red Rock Testimony Dispatched to D.C. Officials

Links to coverage:

Red Rock Stories: Thirty-Four Writers Donate Their Work to Red Rock Testimony to Speak for Utah’s Public Lands and Advocate for Bears Ears

The Salt Lake Tribune: Bears Ears Book Will be Sent to Members of Congress

The New York Times: Can Poets Save the Parks?

Fifth Circuit Decides Indian Prisoner Religious Freedom Case

Here is the opinion in Davis v. Davis.

An excerpt:

Prisoner Plaintiffs Teddy Norris Davis and Robbie Dow Goodman appeal the district court’s grant of summary judgment in favor of prison officials within the Texas Department of Criminal Justice (“TDCJ”). The district court granted summary judgment in Defendants’ favor on Plaintiffs’ First Amendment and 42 U.S.C. § 1983 claims challenging TDCJ policies on the wearing of medicine bags, the use of pipes during Native American religious pipe ceremonies, and grooming, based on the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc, et seq. We AFFIRM in part as to the First Amendment claim and RLUIPA claims concerning medicine bags and pipe ceremonies, and we VACATE and REMAND in part for further findings as to Plaintiffs’ grooming-policy RLUIPA claim.

Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

Here is the opinion in Protect Our Communities v. Jewell.

From the syllabus:

The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.

Briefs:

POC Opening Brief

Backcountry Against Dumps Opening Brief

Answer Brief

POC Reply

Related lower court materials here.

 

Nonprofit Quarterly Article on French Auction of Native Artifacts

Link to “Native Americans Protest Sale of Artifacts” by Alexis Buchanan here.

Excerpt:

Perhaps auction houses would not be so unwavering in the sale of these items if they did not fetch such high prices. The Guardian reports that France has a long history, tied to its colonial past in Africa, of collecting and selling tribal artifacts. The Paris-based “Indianist” movement in the 1960s celebrated indigenous cultures, and interest in tribal art in Paris was revived in the early 2000s following the highly lucrative sales in Paris of tribal art owned by late collectors André Breton and Robert Lebel. As such, many of these items have high value. The Hopi Tutuveni reported that in April 2013, the Néret-Minet Tessier & Sarrou auction house in Paris generated $1.2 million as 70 Hopi religious objects went for an average of $17,143, with one object created around 1880 fetching $209,000. In Monday’s protested sale, Yahoo News reported that twelve sacred Kachina masks went under the hammer for 116,000 euros ($129,000)—with the most precious, the Crow Mother, going for 38,000 euros ($42,300)—about a third less than expected, but still a high value.