Federal Court Dismisses Challenge to BLM Approval of Winter Exploration in Arctic Petroleum Reserve

Here are the materials in Native Village of Nuiqsut v. BLM (D. Alaska):

5 Amended Complaint

27 Plaintiffs Motion for Summary J

30 Federal Response

31 ConocoPhillips Response

33 Reply

46 DCT Order

Chicago Tribune: “On the largest freshwater island in the world, Lake Huron’s Native Americans warn of the fragility of water”

Here.

Federal Court Transfers Narragansett Consultation Claims against Federal Highway Admin. to D.C. District Court

Here are the materials in Narragansett Indian Tribe v. Hendrickson (D. R.I.):

12 Motion to Dismiss

14 Tribe Motion to Transfer Venue

16 US Opposition to 14

17 Reply in Support of 14

18 Tribe Opposition to 12

20 Reply in Support of 12

21 Tribe Motion for Reconsideration

23 DCt Order Granting 14 on Reconsideration

Complaint here.

Most Claims against Federal Approvals of Keystone XL Allowed to Proceed

Here is the order in Rosebud Sioux Tribe v. Trump (D. Mont.):

92 DCT Order

Briefs here.

The Grist: “Federal agencies are required to consult with tribes about pipelines. They often don’t.”

Here.

U.S. Atomic Safety and Licensing Board Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the order in In re Powertech (USA):

in-re-powertech.pdf

News coverage here.

Sarah Deer and Elizabeth Kronk Warner on Trump, Indian Country, Sexual Assault, and Extractive Industries

Sarah Deer and Elizabeth Ann Kronk Warner have posted “Raping Indian Country” on SSRN. Here is the abstract:

In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon the status quo exist. Tribal governments possess the requisite capacity to address the environmental and criminal challenges presented here. Further, changes to federal law, such as the Oliphant fix suggested above, provide meaningful opportunities for change. The rape of Indian country envisioned in this article is not a foregone conclusion; together change can protect our land and bodies.

Highly recommended.

Jamulians Against the Casino v. Dept. of Transportation Opinion

Here:

Jamulians Against the Casino opinion

Materials in CERCLA Suit against Dow Chemical brought by US and Saginaw Chippewa

Here are the materials in United States v. Dow Chemical Co. (E.D. Mich.):

1 Complaint

2-1 Consent Decree

“Opinion: We Disrupted The Harvard–Yale Game Because Our Schools Profit From Disaster”

From all of us at TT, this rocks. Here.