Environmental

Bears Ears News Coverage

Matthew L.M. Fletcher

NPR: “Biden will restore protections for the Bears Ears monument. Trump had downsized it”

NYTs: “Biden to Restore Three National Monuments in Utah and New England”

Outside Magazine: “Biden Restores Bears Ears and Grand Staircase-Escalante National Monuments”

Wisconsin Tribes Sue to Stop State’s Idiotic Wolf Hunt

Matthew L.M. Fletcher

Here are the materials in Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin v. Cole (W.D. Wis.):

1 Complaint

19 Tribe Motion for Injunction

Dakota Access LLC v. Standing Rock Sioux Tribe Cert Petition [Updated with additional cert stage briefs]

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

  1. Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also “resolve” those criticisms to the court’s satisfaction to justify a finding of no significant impact; and
  2. Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

Federal BIO

Tribal BIO

Reply

Federal Court Confirms Immunity of Tribal Judges in Manoomin Order

Matthew L.M. Fletcher

Here are the updated materials in Minnesota Dept. of Natural Resources v. White Earth Band of Ojibwe (D. Minn.):

21 DNR Letter Motion for Reconsideration

23 Manoomin Response

25 DCT Order

Prior post here.

Federal Court Declines to Enjoin Lithium Mine Opposed by Nevada Tribes

Matthew L.M. Fletcher

Here are the materials in Bartell Ranch LLC v. McCullough (D. Nev.):

28 First Amended Complaint

45 Atsa Koodakuh Wyh Nuwu People of Red Mountain Motion for PI

65 Federal Response

66 Lithium Nevada Response

71 Burns Paiute Tribe Reply

73 Reno-Sparks Indian Colony Reply

84 Federal Surreply

92 DCT Order

Federal Court Dismisses Minnesota DNR’s Collateral Attack on Manoomin Suit Filed in Tribal Court

Matthew L.M. Fletcher

Here are the materials in Minnesota Dept. of Natural Resources v. White Earth Band of Ojibwe (D. Minn.):‘

1 complaint.pdfDownload
1-2 tribal court order.pdfDownload
6 motion for preliminary injunction.pdfDownload
14 response.pdfDownload
16-1 modified tribal court order.pdfDownload
20 dct order.pdfDownload

Prior post here.

UN Committee on the Elimination of Racial Discrimination Letter on Line 3

Matthew L.M. Fletcher
int_cerd_ale_usa_9448_eDownload

Federal Court Vacates Trump-Era Repeal of Obama-Era Navigable Waters Protection Rule

Matthew L.M. Fletcher

Here are the materials in Pascua Yaqui Tribe v. EPA (D. Ariz.):

1 Complaint

48 Tribes Motion for Summary J

72 EPA Motion to Remand

74 Tribes Response

83 EPA Reply

99 DCT Order

Ninth Circuit Materials in Grand Canyon Uranium Mine Appeal

Matthew L.M. Fletcher

Here are the briefs in Grand Canyon Trust v. Provencio:

Trust Brief

Federal Answer Brief

Intervenor Brief

Reply

Lower court materials here.

Federal Court Declines (again) to Apply Equitable Defenses re: Osage Mineral Council

Matthew L.M. Fletcher

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

219 Amended DCT Order

229 Motion for Reconsideration

234 Osage Wind Response

235 US Response

244 Reply to Osage Wind

245 Reply to US

264 DCT Order Denying Reconsideration

Prior post here.