Nez Perce Files Suit Over Final Decision in Clear Creek Project

Download complaint here.

Link to news coverage here.

Hualapai Ranch Tribal Court Litigation Dismissed with Prejudice

Download ruling here.

Link to news coverage here.

Maricopa County Superior Court found that sovereign immunity bars contractor’s suit for breach of contract.  The contractor’s tribal court case is still pending in the Hualapai Court of Appeals.

Vulture Fund Files to Hold U.S. Liable for Lower Brule Sioux’s Debt

Here are materials in Great American Life Ins. Co. v. U.S. DOI, 16-cv-00699 ( S.D. Ohio):

Doc. 1 – Complaint for Declaratory, Injunctive, and Other Relief

Interior Board of Indian Appeals Order Affirming Decision

Updated Materials:

10 US Motion to Dismiss

D. Wyoming Finds BLM Fracking Regulations Unlawful

Here are materials in Wyoming v. U.S. Dept. of Interior, et al, 15-cv-00043 (Jun. 21, 2016):

Doc. 176 – Brief in Support of Wyoming, Colorado, and Utah’s Petition for Review of Final Agency Action

Doc. 180 – Ute Indian Tribe of the Uintah and Ouray Reservation Merits Brief

Doc. 191 – Respondents’ Merits Brief in Response to the Ute Tribe of The Uintah and Ouray Reservation’s Merits Brief

Doc. 193 – Federal Respondents’ Brief in Response to Merits Briefs of Industry and State Petitioners

Doc. 197 – Reply in Support of Wyoming, Colorado, and Utah’s Petition for Review of Final Agency Action

Doc. 199 – Ute Indian Tribe of the Uintah and Ouray Reservation’s Reply in Support of its Merits Brief

Doc. 207 – Order on Petitions for Review of Final Agency Action

The DOI and respondents have filed a leave to appeal.

Link to previous coverage here.

Florida Appellate Court Affirms Tribal Corporation’s Immunity from Suit

Here is the opinion in MMG LLC v. Seminole Tribe of Florida Inc.

An excerpt:

MMMG, LLC and Mobile Mike Promotions, Inc. appeal the involuntary dismissal of their complaint against a federal tribal corporation affiliated with the Seminole Tribe. We affirm the dismissal because the tribal corporation enjoyed sovereign immunity from suit, which was not effectively waived according to the procedure required in the corporation’s charter and bylaws.

Given the long history of exploitation of Native Americans, Congress has enacted statutes designed to protect tribes and tribal corporations. These statutes have been construed by federal and Florida courts as placing the onus on the non-tribal party to ensure that any waiver of sovereign immunity be executed in strict compliance with applicable tribal operating documents; common law doctrines such as apparent authority do not override the protection provided by federal law.

Briefs in the case: MMMG’s initial brief, Seminole’s answer, and MMMG’s reply.

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.

 

Oral Argument Video in CFPB v. Great Plains Lending

Here. Audio here.

Briefs here.

Lower court materials here.

 

Nebraska State Bar Indian Law Section CLE

Nebraska Bar ILS CLE

The Nebraska State Bar Indian Law Section will be hosting an Indian Law CLE that will focus on Indian Law 101 information for jurisdiction, ICWA, and tribal court practice.

The CLE will be webcast, so other attorneys from other states can register and gain CLE credit.

Update in Massive Suit against Plain Green, Owned by Chippewa Cree at Rocky Boy’s

Here are selected materials in Gringras v Rosette (D. Vt.):

66 Plain Green Motion to Dismiss or Compel

85 Response

92 Plain Green Reply

122 DCT Order