treaty rights
Snoqualmie Tribes Sues for Treaty of Point Elliott Rights
Here is the complaint in Snoqualmie Indian Tribe v. State of Washington (W.D. Wash.):
Tenth Circuit Affirms United States v. Uintah Valley Shoshone Tribe
Here is the opinion. An excerpt:
We recognize that in interpreting federal statutes in Indian affairs we “provide for a broad construction when the issue is whether Indian rights are reserved or established, and for a narrow construction when Indian rights are to be abrogated or limited.” Felter, 752 F.2d at 1512; see also F. Cohen, Handbook of Federal Indian Law 224–25 (1982). In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. But we cannot also conclude that the Termination Act implicitly gave the Uintah Valley Shoshone Tribe authority to exercise Ute tribal rights with respect to hunting and fishing, when the Act plainly established those rights within the Ute Tribe.
Briefs here.
Most Claims against Federal Approvals of Keystone XL Allowed to Proceed
Update in Remanded “Bad Men” Case regarding Shooting of Indian Man
Here are the materials in Jones v. United States (Fed. Cl.):
Prior posts here.
Split Ninth Circuit Panel Affirms Dismissal of Muckleshoot U&A Appeal
Split Minnesota COA Rejects Treaty Rights Defense in Prosecution for Fishing on Gull Lake by Fond du Lac Member
Here is the unpublished opinion in State v. Northrup:
SCOTUS Grants Cert in McGirt v. Oklahoma [Creek Reservation Boundaries Criminal Appeal]
Here are the cert stage materials in McGirt v. Oklahoma:
oklahoma-brief-in-opposition.pdf
Friday’s order list here.
Federal Court Enjoins Lummi Tribe’s Proposed Winter Crab Fishing
Here are the materials in United States v. Washington (W.D. Wash.), subproceeding no. 19-01:
1-motion-for-leave-to-file.pdf
3-request-for-determination.pdf
8-swinomish-motion-for-tro.pdf
13-upper-skagit-motion-for-tro.pdf
OSHA Petition for Review of Decision re: Red Lake Nation Fisheries [Eighth Circuit]
Here is the petition:
Here are the briefs:
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