The Intercept: “Trump’s Pick to Manage Public Lands Has Four-Decade History of ‘Overt Racism’ Toward Native People”

Here.

Update in Indian Students’ Claims against BIE School at Havasupai

Here are the updated materials in Stephen C. v. Bureau of Indian Education (D. Ariz.):

128 Third Amended Complaint

182 BIE Motion for Partial Summary J

184 Plaintiffs Motion for Partial Summary J

190 Plaintiffs Response

191 BIE Response

202 Plaintiffs Reply

203 BIE Reply

214 DCT Order

216 BIE Motion for Partial Relief

219 Plaintiffs Response

231 BIE Trial Brief on Section 504

233 BIE Trial Brief on Expert Witnesses

234 Plaintiffs Trial Brief on Reasonable Accommodations

235 Plaintiffs Trial Brief on Injunctive Relief

236 Plaintiffs Trial Brief on Section 504

Prior post here.

NYTs Profile of the Pebble Mine Debacle

Here.

Federal Court Allows Narragansett Consultation Claim against Fed. Highway Admin. to Proceed

Here is the order in Narragansett Indian Tribe v. Nason (D.D.C.):

30 DCT Order

Prior post here.

Ninth Circuit Decides Crow Indian Tribe v. United States [Grizzly Bear Delisting]

Here is the opinion. The court affirmed the district court’s order to remand the decision back to Fish and Wildlife Service.

Here are the briefs.

Cheyenne River Sioux Tribe v. Donald J. Trump

Here is the complaint in Cheyenne River Sioux Tribe v. Donald J. Trump, which relates to Cheyenne River’s Health Safety Checkpoints.

From the complaint:

The United States and the nation’s Native American tribes are in a state of emergency. COVID-19 is spreading rapidly throughout the country, infecting millions of people, including in South Dakota, which has had 6,353 confirmed cases and 83 deaths outside the boundaries of the Cheyenne River Sioux Reservation. Experts estimate that, for every confirmed COVID-19 case, there could be as many as eleven unconfirmed cases. “At this time, there is no known cure, no effective treatment, and no vaccine. Because people may be infected but asymptomatic, they may unwittingly infect others.” S. Bay United Pentecostal Church v. Newsom, 590 U.S. —-, 140 S. Ct. 1613, 2020 WL 2813056 at *1 (May 29, 2020) (Roberts, C.J., concurring).

On April 2, 2020, in direct response to the COVID-19 pandemic, the Cheyenne River Sioux Tribe established a comprehensive COVID-19 response plan, including Health Safety checkpoints to monitor the entry of individuals onto the Tribe’s Reservation. These Health Safety Checkpoints have allowed the Tribe to effectively track individuals that have returned to the Reservation from hotspots throughout both the state of South Dakota and other off-Reservation locations and to keep the Tribe’s rate of infection significantly below the rate for South Dakota at large. To date, the Tribe has had no COVID-19 deaths.

News coverage here, and the press release can be seen here.

Tribes Sue EPA over Clean Water Act Rules

Here is the complaint in Pascua Yaqui Tribe v. EPA (D. Ariz.):

1 Complaint

Here is the complaint in Navajo Nation v. Wheeler (D. N.M.):

1 Complaint

Navajo Prevails on Damages Amount in 2014 Tribal Court Funding

Here are the materials in Navajo Nation v. Bernhardt (D.D.C.):

37 Federal Memorandum on Entry of Judgment

38 Navajo Response

39 Reply

44 Navajo Memorandum on Damages

45 Federal Response

46 Reply

48 DCT Order

Prior post here.

Briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior [federal approval of drilling at Fort Berthold] [updated 12/22/21]

Here are the updated briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.N.D.):

75 MHA Nation MSJ

80 Slawson MSJ

81 Interior MSJ

87 MHA Nation Reply

Update (12/22/21):

88 Slawson Reply

89 Interior Reply

92 Magistrate Report

105 Status Report

108 DCT Order Denying Stay

109 Objections

Prior post here.

Federal Circuit Decides Inter-Tribal Council of Arizona Inc. v. United States [trust breach re: Phoenix Indian School]

Here is the opinion.

Briefs and lower court materials here.