Here are materials in Wyoming v. U.S. Dept. of Interior, et al, 15-cv-00043 (Jun. 21, 2016):
Doc. 180 – Ute Indian Tribe of the Uintah and Ouray Reservation Merits Brief
Doc. 193 – Federal Respondents’ Brief in Response to Merits Briefs of Industry and State Petitioners
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.
The County resolution is available on Melanie Benjamin’s official Facebook page: https://www.facebook.com/ChiefExecutiveMelanieBenjamin/?fref=ts
The Interior Solicitor’s M opinion on the reservation boundaries is here.
Download decision from the Office of Disability Adjudication and Review here.
The Social Security Administration argued a Pueblo Pojoaque member was overpaid social security income benefits because she did not claim an elder stipend for years 2012 and 2013. The ALJ held the Tribal General Welfare Exclusion Act of 2014, which excludes a tribal member’s benefits from tribal welfare programs, was retroactive to its signing by three years.
Download Memorandum for Record here.
The Corps has denied the permit to build a coal export facility near Cherry Point after deciding the impact to Lummi Nation fishing would violate their treaty rights.
Download notice from the Federal Register here.
The Federal Highway Administration is announcing its intent to establish a negotiated rulemaking committee to develop a proposed rule to carry the Tribal Transportation Self-Governance Program (TTSGP) as required by Section 1121 of the Fixing America’s Surface Transportation (FAST) Act. The FHWA will select the tribal representatives for the committee from among elected officials of tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities and whose tribes have existing Title 23 U.S.C. funding agreements with the Department. To the maximum extent possible, FHWA will consider geographical location, size, and existing transportation and selfgovernance experience, in selecting tribal committee representatives. Per the FAST Act, the committee will assist in the development of a Notice of Proposed Rulemaking that contains the proposed regulations needed to implement the TTSGP.
Here are the materials in Western Energy Alliance v. Dept. of Interior (D.N.D.):
32 Federal Response to Motion to Stay
An excerpt:
After a careful review of the entire record, and a careful consideration of all of the Dataphase factors, the Court finds that Western Energy has not met the burden of establishing the necessity of a preliminary injunction. The Dataphase factors, when viewed in their totality, weigh against the issuance of a preliminary injunction. The Court notes that both parties presented very well-reasoned legal arguments in support of their respective positions. Suffice it to say the need for this new Final Rule is unclear at best, particularly when the long-established process for obtaining BIA grants of rights-of-way across tribal lands seems to have worked relatively well for more than 60 years. The undersigned is very familiar with the process for obtaining grants of rights-of-way on reservation lands in North Dakota, as a direct result of significantly increased oil field activity in western North Dakota. Although the current regulations may arguably have been in need of some updates and “modernization,” the Final Rule will likely create far more confusion, chaos, and litigation than what the Department of the Interior ever contemplated. However, the Court finds the Dataphase factors, and the equities, weigh against the granting of the extraordinary remedy of a preliminary injunction. Accordingly, Western Energy’s motion for a preliminary injunction (Docket No. 9) is DENIED. Western Energy’s emergency motion for a stay (Docket No. 31) is DENIED as moot.
Complaint (and the main thrust of the injunction motion) here.
Here.
Rez 117 adopted. Urges bar admissions to include Indian law in states with sizable American Indian populations. #ABAMidyear
— American Bar (@ABAesq) February 9, 2016
Link to final resolution and report here.
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