treaty rights

Montana Federal Court Dismisses Native Inmates’ Suit over Jail Conditions that Allegedly Violate Hellsgate Treaty Because 11th Amendment Makes State Officials Immune (which a textualist would know says nothing like that whatsoever)

Matthew L.M. Fletcher

Here are the materials in Black Crow v. Lake County Jail, recaptioned In re Conditions at Lake County Jail (D. Mont.):

2 Complaint.pdfDownload
28 Motion to Dismiss.pdfDownload
41 Opposition.pdfDownload
50 Reply.pdfDownload
111 DCT Order.pdfDownload

D.C. Federal Court Affirms Army Corps’ Approval of Enbridge Line 3 Permit

Matthew L.M. Fletcher

Here are the new materials in Red Lake Band of Chippewa Indians v. United States Army Corps of Engineers (D.D.C.):

52 Friends of the Headwaters MSJ

53-1 Tribes and Tribal Orgs MSJ

61-1 US Cross Motion

64 Enbridge Cross Motion

65 Tribal Reply

67 Friends Reply

69 US Reply

70 Enbridge Reply

90 DCT Order

Prior post here.

DALL-E rendition of the Enbridge Line 3 pipeline.

Oregon COA Reverses State Criminal Conviction of Nez Percé Treaty Fishers

Matthew L.M. Fletcher

Here are the materials in State v. McCormack (Or. Ct. App.):

McCormack Opinion.pdfDownload
Opening Brief.pdfDownload
State Brief.pdfDownload
Reply.pdfDownload
University of Washington digital collection

Washington Federal Court Keeps Muckleshoot Out as Party in Duwamish Recognition Suit

Matthew L.M. Fletcher

Here are the materials in Duwamish Tribe v. Haaland (W.D. Wash.):

14 Muckleshoot Motion to Intervene

18 Duwamish Opposition

20 Interior Opposition

21 Reply

26 DCT Order

Complaint here.

New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Matthew L.M. Fletcher

Here are the materials in United States v. Skeet (D.N.M.):

44 Superceding Indictment.pdfDownload
27 D MTD.pdfDownload
33 US Response to MTD.pdfDownload
36 D Reply to MTD.pdfDownload
50 Order on MTD.pdfDownload
Not a bird

Seventh Circuit Holds State May Not Tax Alienable Lands of Tribal Members on L.C.O. Reservation

Matthew L.M. Fletcher

Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers:

Opinion.pdfDownload

Briefs and lower court materials here.

FLOW Livestream Event on Line 5 at 11AM Today

Matthew L.M. Fletcher

Here:

Hear about recent developments in the widespread effort to shut down Enbridge’s Line 5 in the Straits of Mackinac and stop the proposed oil tunnel. Presenters will answer questions from attendees.

Panelists

  • Liz Kirkwood, FLOW Executive Director  – Host
  • Whitney Gravelle, President, Bay Mills Indian Community
  • Zach Welcker, FLOW Legal Director
  • Sean McBrearty, Campaign Coordinator, Oil & Water Don’t Mix.

This event is occurring just after the 12th anniversary of the Enbridge Line 6B Kalamazoo River oil spill disaster. At the Straits of Mackinac, Enbridge Line 5 poses a dire threat in what University of Michigan scientists called “the worst possible place for an oil spill in the Great Lakes.”

Michigan Public Service Commission Requests More Information re: Enbridge Line 5 Tunnel

Matthew L.M. Fletcher

Here:

U-20763_07-07-22 – Finalized.pdfDownload
Elizabeth LaPensée

Tribal brief here.

Ninth Circuit Briefs in Northwestern Band of Shoshone Indians v. State of Idaho

Matthew L.M. Fletcher

Topside briefs here:

NW Shoshone 9 cir brief.pdfDownload
US Amicus Brief.pdfDownload
Utah Amicus Brief.pdfDownload
Sacred Ground Amicus Brief.pdfDownload

Response briefs TK.

State Answer Brief.pdfDownload

Tribe Reply

Lower court materials here.

Little Soldier

Duwamish Sues for Federal Recognition

Matthew L.M. Fletcher

Here is the complaint in Duwamish Tribe v. Haaland (W.D. Wash.):

1-complaint-1Download