treaty rights

Historic Water Agreement Between Oklahoma and Tribes

1 Comment

Download agreement here.

Link to official website and additional documents here.

Link to previous coverage here.

The agreement requires Congressional approval.

Federal Court Grants TRO against Standing Rock Members in SLAPP Suit related to Dakota Access Pipeline

Matthew L.M. Fletcher4 Comments

Here are the materials in Dakota Access LLC v. Archambault (D.N.D.):

1 Complaint

4 Motion for TRO

7 DCT Order Granting TRO

Related suit here.

Ninth Circuit Briefs in U.S. v. Washington Ocean Fishing Appeal

Matthew L.M. Fletcher

Here are the materials in United States v. Washington (subproceeding 09-01):

Makah Opening Brief

Four Tribes Brief

Hoh Tribe Brief

Six Tribes Brief

Washington Brief

Lower court decision here. Lower court materials here.

Washington has Petitioned for Rehearing/Rehearing En Banc in the Culverts Case

2 Comments

Here.

Previous coverage of the 9th Circuit panel decision is here.

UPDATE (8/23/16):

119-Idaho-Montana Amicus

121-Amicus filed

122-1-Amici motion from Klamath basin

122-2-Klamath basin amici brief

UPDATE (5/19/17):

Tribal Response

US Response

Catherine O’Neill on Washington Dept. of Ecology’s Draft Water Quality Standards and the District Court’s Order Enjoining EPA to Act

Here.  Professor O’Neill provides a detailed and understandable summary of the many problems with Ecology’s draft standards and also explains EPA’s role and the District Court for the Western District of Washington’s recent decision.

The District Court’s decision in Puget Soundkeeper Alliance v. EPA is here: Puget Soundkeeper v EPA Order on Summary Judgment 8-3-16.

Standing Rock Sioux Sues Army Corps over Dakota Access Pipeline

Matthew L.M. Fletcher4 Comments

Here are the materials so far in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

Standing Rock Complaint

Motion preliminary injunction

DAPL motion to intervene

Proposed order preliminary injunction

Proposed order expedited hearing

UPDATE (8/24/16):

USACE opposition memorandum to PI motion

Standing Rock reply in support of PI

Cert Petition Arising from Police Killing of Ute Tribal Member

Matthew L.M. Fletcher1 Comment

Here is the petition in Jones v. Norton:

cert petn

Questions presented:

  • Where it is undisputed that Plaintiffs/Petitioners Debra Jones and Arden Jones, and their deceased son Todd R. Murray, all had individual rights under the 1868 Ute Tribe treaty with the United States, and where, under the procedural posture of this case, it is undisputed that Plaintiffs’ and their Decedent son’s individual rights under the Treaty were violated, did Plaintiffs state a claim for relief under 42 U.S.C. § 1983 based on the violation of their treaty rights?
  • 2.Where State police officers have pursued an Indian within Indian country without either probable cause or jurisdictional authority can they be relieved of the common law duty to preserve evidence simply because the officers’ tortious conduct giving rise to the claims against them arose within Indian country?
  • 3.Where there are disputed material facts, can a district court grant summary judgment based upon the court’s opinion that a reasonable jury would decide the case in favor of the summary judgment movant?

Lower court materials here.

Skokomish Sues Suquamish Tribal Council Members over Treaty Fishing

Matthew L.M. Fletcher

Here is the complaint in Skokomish Indian Tribe v. Forsman (W.D. Wash.):

1 Complaint

Nez Perce Files Suit Over Final Decision in Clear Creek Project

Download complaint here.

Link to news coverage here.

Superior Court Finds Upper Skagit Tribe Necessary Party in Declaratory Action

Download Court’s letter opinion in re: Schuyler v. Unsworth & Dept. of Fish and Wildlife, Thurston County Cause No. 14-2-02373-9 here.

A member of the Upper Skagit Tribe filed an action in Superior Court for declaratory relief on certain tribal hunting and fishing rights guaranteed by the Treaty of Point Elliot.  However, the Court held that the case affects the rights of the Tribe and therefore the case must be dismissed if it cannot be joined within 90 days.