Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

Here is the petition in Stand Up for California! v. Dept. of the Interior:

SUFC! Petition

Question presented:

Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Lower court materials here.

Jamul Action Committee v. Simermeyer Cert Petition

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.

Interior’s Acquisition of Wyandotte Nation Trust Land Affirmed

Here are the materials in State of Kansas v. Dept. of the Interior (D. Kan.):

35 Interior Motion to Strike

34 Plaintiffs Motion

40 Interior Brief

36 Response to 35

42 DCT Order

41 Reply

Prior post here.

Catawba Nation Prevails against Cherokee Nations in Trust Land Matter

Here is the opinion in Eastern Band of Cherokee Indians v. Dept. of the Interior (D.D.C.):

77 DCT Order

Briefs here.

D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

Here is the opinion.

An excerpt:

This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.

Briefs here.

Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino

Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):

106-1 Second Amended Complaint

113 Motion to Dismiss

120 Response

123 Reply

124 DCT Order

Prior posts here, here, and here.

Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]

Here is the petition in Club One Casino Inc. v. Bernhardt:

Club One Petition for Writ of Certiorari

Appendix

Lower court materials here and here.

Update:

Brief in Opposition

Reply