Update in Hazen Shopbell’s Federal Civil Rights Action

Here are materials in Shopbell v. Washington State Dept. of Fish and Wildlife (W.D. Wash.):

28-second-amended-complaint.pdf

68-defendants-motion-for-partial-summary-j.pdf

71-response.pdf

73-reply.pdf

74-dct-order.pdf

Federal Claims Court Rejects Ute Family’s “Bad Men” Claims on the Merits that Police Shot Relative, Police Had Destroyed the Evidence

Here are the materials in Jones v. United States (Fed. Cl.):

150-1 US Motion for Summary Judgment

156 Response

157 Reply

158 DCT Order

Prior post here.

Washington SCT Vacates 105-Year Old Opinion Rejecting Treaty Rights Defense for Yakama Fisher

Here is the order in State of Washington v. Towessnute:

13083-3 Order

Here are a couple contemporaneous newspaper accounts:

The Spokesman Review, Sat., Feb. 5, 1916

The Oregon Daily Journal, Thu., June 1, 1916

Federal Court Invalidates Dakota Access Pipeline Permits

Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

546 DCT Order

Related briefs:

507 US Brief

510 Dakota Access Brief

527 Tribal Plaintiffs Brief

531 Congressional Amicus Brief

532 Environmental Amicus Brief

533 Tribal Amicus Brief

536 US Reply

539 Dakota Access Reply

Prior post here.

Bryan Newland: “Enbridge Line 5 is Michigan’s next ecological disaster”

In the Detroit Free Press, here.

Ninth Circuit Briefs in Lummi Tribe U& A

Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):

Lummi Tribe Brief

Port Gamble and Jamestown S’Kllalam Tribes Brief

Tulalip Brief

Lower Elwha Tribe Brief

Reply

Lower court materials here.

Jenni Monet: “Land Back—Making the Case for Treaties at Mount Rushmore.”

Here.

Cheyenne River Sioux Tribe v. Donald J. Trump

Here is the complaint in Cheyenne River Sioux Tribe v. Donald J. Trump, which relates to Cheyenne River’s Health Safety Checkpoints.

From the complaint:

The United States and the nation’s Native American tribes are in a state of emergency. COVID-19 is spreading rapidly throughout the country, infecting millions of people, including in South Dakota, which has had 6,353 confirmed cases and 83 deaths outside the boundaries of the Cheyenne River Sioux Reservation. Experts estimate that, for every confirmed COVID-19 case, there could be as many as eleven unconfirmed cases. “At this time, there is no known cure, no effective treatment, and no vaccine. Because people may be infected but asymptomatic, they may unwittingly infect others.” S. Bay United Pentecostal Church v. Newsom, 590 U.S. —-, 140 S. Ct. 1613, 2020 WL 2813056 at *1 (May 29, 2020) (Roberts, C.J., concurring).

On April 2, 2020, in direct response to the COVID-19 pandemic, the Cheyenne River Sioux Tribe established a comprehensive COVID-19 response plan, including Health Safety checkpoints to monitor the entry of individuals onto the Tribe’s Reservation. These Health Safety Checkpoints have allowed the Tribe to effectively track individuals that have returned to the Reservation from hotspots throughout both the state of South Dakota and other off-Reservation locations and to keep the Tribe’s rate of infection significantly below the rate for South Dakota at large. To date, the Tribe has had no COVID-19 deaths.

News coverage here, and the press release can be seen here.

HCN: “How the Yurok Tribe is reclaiming the Klamath River”

Here.

Wyoming Court Confirms Clayvin Herrera’s Conviction for Hunting at Bighorn National Forest on Issue Preclusion Grounds

Here is the order in Wyoming v. Herrera:

Herrera Circuit Court Remand Order

The case is on remand from the Supreme Court (decision here).