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.

MHA Nation Member Wins Challenge to Secretarial Election Disenfranchising Off-Reservation Voters

Here are the materials in Hudson v. Zinke (D.D.C.):

32 Amended Complaint

35-1 Hudson MSJ

38 US MSJ

40 Hudson Reply

42 US Reply

53 DCT Order

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Federal Court Reverses IBIA Decisions on Leasing Consents

Here are the materials in Western Refining Southwest Inc. v. Dept. of the Interior (D.N.M.):

1 Complaint

1-1 2016 IBIA Decision

1-2 2013 IBIA Decision

16 Intervenors Rule 19 Motion to Dismiss

26 Western Refinery Response

27 Reply

28 DCT Order

29 Intervenors Rule 12 Motion to Dismiss

30 Interior Response

31 Western Refinery Response

32 DCT Order

44 Western Refinery Brief

45 Interior Response Brief

46 Reply

51 DCT Order

Federal Court Holds 1868 Treaty of Fort Laramie Imposes Duty on Federal Government to Provide Adequate Health Care at Rosebud

Here are the materials in Rosebud Sioux Tribe v. United States (D.S.D.):

An excerpt:

As to the tribes that entered into the 1868 Treaty of Fort Laramie for the reasons discussed above, the Government’s duty—expressed at the time as furnishing “to the Indians the physician… and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons”—can be interpreted under the canons of construction applicable to Indian treaties as requiring the Government to provide competent physician-led health care to the Tribe.

Prior post here.

The Federal Trust Responsibility Now Extends to All Americans

From The Onion, here is “Congress Sets Aside $1,200 In Trust For Each American Until They Prove They’re Responsible Enough To Handle It.”

Ninth Circuit Rejects Upper Lake Pomo Citizens’ Play for Trust Land

Here is the unpublished opinion in Jackson v. United States.

Briefs:

opening-brief.pdf

us-brief.pdf

intervenors-brief.pdf

reply-brief.pdf

Lower court materials here.

Ninth Circuit Briefs in Navajo Nation Trust Breach Appeal re: Water Rights

Here are the briefs in Navajo Nation v. United States:

 
 
 
 
 

Lower court materials here.