SCTOUS Grants United States and Arizona Petitions in Navajo Water Case

Here was yesterday’s order.

Prior post here.

Thinking if SCOTUS had some good frybread, they’d let Indian country have the nice things we deserve, like an enforceable duty of protection.

Interior Prevails in Most Trust Breach Claims Brought by MHA Nation Oil and Gas Lessors

Here are the materials in Birdbear v. United States (Fed. Cl.):

147 Third Amended Complaint

177 Plaintiffs Motion for Summary J

180 Federal Cross-Motion

187 Plaintiffs Reply

191 Federal Reply

207 CFC Opinion

I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

Prior post on the D.C. Circuit decision from which this case is on remand here.


Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge

Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.


Klamath irrigation Opening Brief

Shasta View Opening Brief

Hoopa Answer Brief

Klamath Answer Brief

Federal Answer Brief

Shasta View Reply


Lower court materials here.

Cherokee Trust Breach Suit Update

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

1 Complaint

34-1 Motion to Dismiss

39 Opposition

41 Reply

42 DCT Order Denying Motion to Dismiss

54-1 Federal Motion to Dismiss

55-1 Federal Motion for Protective Order

60 Cherokee Opposition to Motion to Dismiss

85 DCT Order Re Protective Order

88-1 Cherokee Motion for Summary J

96-1 Federal Cross-Motion

97 Federal Cross-Motion

98 Cherokee Motion for Summary J

99 Cherokee Reply in Support of MSJ

D.C. Federal Court Dismisses All Claims Except APA Claim by Ute Tribe to Uncompahgre Reservation

Here are the materials in Ute Indian Tribe of the Uintah and Ouray Reservation v. United States (D. Utah):

1 Complaint

35 US Motion to Dismiss

46 Opposition

48 Reply

76 DCT Order

80 US Motion for Partial Reconsideration

87 Opposition

89 Reply

90 DCT Order Granting Reconsideration

Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland


Here are the district court materials:

31 [minute order dismissing case]