Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.


US Opening Brief

Tribe Answer Brief


Lower court materials here.

Ninth Circuit Briefs in Stephen C. v. Bureau of Indian Education [Havasupai]


Opening Brief

Tribal Orgs Amicus Brief

Admin Law Profs Amicus Brief

Advocacy Orgs Amicus Brief

Havasupai Tribe Amicus Brief

Indian Law Profs Amicus Brief

Lower court materials here.

Campo Band Allowed to Intervene in Suit Challenging Wind Energy Project

Here are materials so far in Backcountry Against Dumps v. Bureau of Indian Affairs (S.D. Cal.):

42 Amended Complaint

46-1 Terra-Gen Motion to Dismiss

49-1 Campo Band Motion to Intervene

55 Opposition to Motion to Intervene

56 Campo Reply in Support of Motion to Intervene

60-1 BIA Motion to Dismiss

61 Backcountry Response to BIA Motion to Dismiss

62 BIA Reply in Support of Motion to Dismiss

63 Terra-Gen Reply

65-1 Backcountry Motion for PI

74 DCT Order Granting Motion to Intervene

Yakama Nation Trust Breach Suit [Timber] Survives Motion to Dismiss

Here is the order in Confederated Tribes and Bands of the Yakama Nation v. United States (Fed. Cl.):

31 CFC Order

Briefs here.

Ninth Circuit Restores Navajo Nation’s Water Rights Trust Breach Suit

Here is the opinion in Navajo Nation v. Dept. of the Interior. Briefs here.

An excerpt:

Moreover, neither Morongo nor Gros Ventre nor Jicarilla involved claims to vindicate Winters rights, which provide the foundation of the Nation’s claim here. Unlike the plaintiffs in those cases, the Nation, in pointing to its reserved water rights, has identified specific treaty, statutory, and regulatory provisions that impose fiduciary obligations on Federal Appellees—namely, those provisions of the Nation’s various treaties and related statutes and executive orders that establish the Navajo Reservation and, under the long-established Winters doctrine, give rise to implied water rights to make the reservation viable.

                      *. *  *

We hold in particular that, under Winters, Federal Appellees have a duty to protect the Nation’s water supply that arises, in part, from specific provisions in the 1868 Treaty that contemplated farming by the members of the Reservation.

Update in Cherokee Nation Trust Breach Suit [Feds Must Comply with Full Discovery]

Here are the materials in Cherokee Nation v. Dept. of the Interior (D.D.C.):

54-1 Motion to Dismiss Common Law Claims

55-1 Federal Motion for Protective Order

57 Cherokee Response to 55

60 Cherokee Response to 54

62 Reply in Support of 55

63 Reply in Support of 54

68 Magistrate Report Denying 54

68 Magistrate Report

70 DCt Order Accepting 68

73 DCT Order Denying 55

Prior materials here.