Category Archives: trust relationship

“Waters of the United States” Comments by Michigan Tribal Interests

CORA, GTB, and Bay Mills comments on EPA’s proposal to change the definition of “Waters of the United States.” Bay Mills-WOTUS Comments Regarding EPA-HQ-OW-2018-0149 CORA Comments WOTUS 2019 GTB 4-12-19 letter +map

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Michigan Indian, Regulations, Research, treaty rights, trust relationship | Tagged , , , , ,

Fletcher Testimony on the RESPECT Act before the House Indigenous Peoples Subcommittee

Worth a look, most especially for Dylan Minor’s excellent artistic rendering of the treaty cessions by Michigan Indian nations (skip ahead to page 15); available on SSRN here. It was cherry blossom time, too! And on the way over, we … Continue reading

Posted in Author: Matthew L.M. Fletcher, Legislation, Research, trust relationship | Tagged , , , ,

Narragansett NHPA Consultation Suit

Here is the complaint Narragansett Indian Tribe v. Federal Highway Administration (D.R.I.): 1-complaint-2.pdf An excerpt: The Tribe brings this action to challenge the termination of a programmatic agreement(“PA”) entered into pursuant to the regulations of the National Historic Preservation Act … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, trust relationship | Tagged , , , ,

Tribal Amicus Brief in Texas v. United States [ACA Appeal in Fifth Circuit]

Here: texas-tribal-amicus-final-4-1-19-as-filed-1.pdf 4-1-2019-letter-to-doj-re-texas-v-us-and-ihcia-impacts-final.pdf

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , ,

Cross-Motions for Summary Judgment Denied in Seminole/IHS Dispute

Here are the materials in Seminole Tribe of Florida v. Azar (D.D.C.): 9 Seminole MSJ 14 US Response + Cross Motion 15 Seminole Reply 17 US Reply 20 DCT Order Complaint here.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , ,

SCOTUS Decides Sturgeon v. Frost II

Here is the opinion. Materials here. Update — footnote 2 of the majority: As noted earlier, the Ninth Circuit has held in three cases—the so called Katie John trilogy—that the term “public lands,” when used in ANILCA’s subsistence-fishing provisions, encompasses navigable waters … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, Supreme Court, trust relationship | Tagged , , , ,

Fletcher: “Law, Politics, and the Constitution”

Here, on SSRN. The abstract: The question whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is now reaching a critical point. Critics claim the Constitution allows no room to create race … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership, trust relationship | Tagged , , , ,

D.C. District Court Transfers MHA Nation Suit against BLM Drilling Permit Approvals to North Dakota

Here are the materials in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.D.C.): 1 Complaint 10 Slawson Motion to Intervene 17 DCT Order Granting 10 18 Slawson Motion to Transfer Case to DND 23 DOI Joinder to 18 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , ,

GAO Report: “Interior Should Address Factors Hindering Tribal Administration of Federal Programs”

Here.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged ,

Steven Pevar: “The Shutdown Is Disproportionally Hurting Native Americans”

Here.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged