fee to trust

Federal Court Rules in Favor of North Fork Rancheria in Gaming Conflict

Matthew L.M. Fletcher1 Comment

Here are the materials in Stand Up for California v. Dept. of Interior (D.D.C.):

106-1-sufc-motion-for-summary-j

108-1-picayune-rancheria-motion-for-summary-j

111-1-north-fork-rancheria-motion-for-summary-j

112-1-us-motion-for-summary-j

115-sufc-reply

116-picayune-reply

121-north-fork-rancheria-reply

122-us-reply

169-dct-order

Prior posts here, here, here, here, and here.

Alaska Drops Akiachak Trust Lands Case

Matthew L.M. Fletcher

Here is the press release the State of Alaska Department of Law:

DoL Press Release – AG Not Appealing Lands Into Trust Case 081516

Here is the press release from NARF:

08 15 16 NARF Press Release RE Akiachak

Legal materials here.

 

 

Second Circuit Briefs in Challenge to New York Oneida Trust Land Acquisition

Matthew L.M. Fletcher

Here are the briefs in Central New York Fair Business Assn. v. Jewell:

Appellant Brief

Federal Brief

Oneida Brief

Reply Brief

Lower court materials here.

D.C Circuit Affirms Interior Trust Acquisition for Cowlitz

Matthew L.M. Fletcher1 Comment

Here is the opinion in Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell:

Confederated Tribes of Grand Ronde Community v. Jewell DC Cir 7-19-16

Briefs here.

Interior Loses Mashpee Wampanoag Trust Acquisition Challenge

Matthew L.M. Fletcher

Here are the materials in Littlefield v. Dept. of Interior (D. Mass.):

56 Interior Motion for Summary J

59 Plaintiffs Motion for Summary J

69 City of Taunton Amicus Brief

81 DOI Supplemental Brief

82 Plaintiffs Supplemental Brief

83 USET Amicus Brief

86 Plaintiffs Response to 83

87 DCT Order

Butte County Loses Challenge to NIGC Compact Approval

Sarah M Donnelly1 Comment

Here are the materials and documents in the matter of Butte County, CA v. Chadhouri et al, 08-cv-00519 (D.C. July 15, 2016):

Doc. 115 – Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Summary Judgment

Doc. 117 – United States’ Opposition to Plaintiff’s Motion for Summary Judgment and Cross Motion for Summary Judgment

Doc. 119 – Intervenor Mechoopda Indian Tribe’s Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment

Doc. 121 – Memorandum on Opposition to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Summary Judgment

Doc. 124 – Intervenor Mechoopda Indian Tribe’s Consolidated Reply to Plaintiff’s Memorandum in Opposition to Intervenor Mechoopda Indian Tribe’s Cross Motion For Summary Judgment and Plaintiff’s Memorandum in Opposition to Defendants’ Cross Motion for Summary Judgment and Reply in Support Of Plaintiff’s Motion For Summary Judgment

Doc. 125 – United States’ Reply in Support of its Cross Motion for Summary Judgment

Doc. 128 – Memorandum-Decision and Order

Link to previous coverage here.

 

Gun Lake Tribe Prevails in Patchak Matter

Matthew L.M. Fletcher

Here is the opinion in Patchak v. Jewell. 

Here are the briefs. 

Eleventh Circuit Affirms Injunction Favoring Poarch Band against Escambia County Assessor

Matthew L.M. Fletcher1 Comment

Here is the opinion in Poarch Band of Creek Indians v. Hildreth.

An excerpt:

The Poarch Band of Creek Indians (“Poarch Band”) sued James Hildreth,
Tax Assessor of Escambia County, Alabama, for declaratory and injunctive relief to prevent the assessment of property taxes on lands owned by the Poarch Band in Escambia County, Alabama, and held in trust by the United States (“Trust Property”). The Poarch Band maintains the Trust Property is exempt from taxation pursuant to the Indian Reorganization Act of 1934 (“IRA”). See 25 U.S.C. § 465.1 The district court granted injunctive relief barring the tax assessment efforts during the pendency of the case, and Hildreth appeals.2 Finding no abuse of discretion and no error of law, we affirm.

Briefs here.

D.C. Circuit Affirms Interior Decision to Acquire Land into Trust for Alaska Native Tribes

Matthew L.M. Fletcher1 Comment

Here is the opinion in Akiachak Native Community v. Dept. of Interior.

Briefs here.

BIA’s Brief in Support of Partial Dismissal in Mashpee Wampanoag Carcieri Challenge

Sarah M Donnelly1 Comment

Here are the materials, so far, in Littlefield et. al. v. U.S. Department of Interior (D. Mass.):

Doc. 1 – Complaint for Declaratory and Injunctive Relief

Doc. 10 – United States’ Memorandum of Law in Support of Motion for Partial Dismissal

Except:

Plaintiffs’ Fifth Cause of Action seeks a declaration that the IRA, enacted over eighty years ago, is unconstitutional. Plaintiffs specifically allege that the IRA’s provision authorizing the Secretary to acquire land in trust on behalf of federally-recognized Indian tribes somehow reflects an unconstitutional delegation of legislative authority. This legal question, however, has long been resolved against Plaintiffs by all courts to consider it, including the First Circuit in a decision binding on this Court. Federal courts have held, consistently and repeatedly, that the Secretary’s authority to acquire land in trust under the IRA does not violate the United States Constitution because there are sufficient intelligible principles provided in the statute and its legislative history to guide the Secretary’s discretion whether to acquire land in trust on behalf of a tribe. Moreover, it has been over 85 years since the Supreme Court invalidated any statute on the grounds of excessive delegation of legislative authority. The Supreme Court in fact has only found two statues to be a violation of the non-delegation doctrine, neither of which are comparable to the statute at issue here. Accordingly, the Court must dismiss Plaintiffs’ Fifth Cause of Action.