District court materials (prior post here):
28 Doucette v. Bernhardt 3-7-19 Plaintiffs’ Motion for Summary Judgment
34 Doucette v. Bernhardt 5-31-19 Reply re Defendants’ Cross-Motion for Summary Judgment
Ninth Circuit materials:
trust relationship
Federal Claims Court Finds US Breached Investment Duty to Western Shoshone
Here are the materials in Western Shoshone Identifiable Group v. United States (Fed. Cl.):
37 DCT Order Denying Motion to Dismiss
Interior Starts Process to Undo Eagle Act Regulations to Allow Non-Indians to Access Eagle Feathers
Here is the notice:
An excerpt:
We, the U.S. Fish and Wildlife Service (Service), have received a petition for rulemaking, which asks the Service to revise the existing rules pertaining to the religious use of federally protected bird feathers. The petition is being published pursuant to the terms of a settlement agreement entered into in 2016 by the United States with McAllen Grace Brethren Church and the Becket Fund for Religious Liberty. Any changes to existing rules will be subject to a public comment period, and tribal consultation consistent with Executive Order 13175 and the Department of the Interior Policy on Consultation with Indian Tribes. The Service seeks comments on the petition.
New GAO Report Recommending Improved Tribal Consultation on Federal Pipeline Projects
Fletcher Book Review — ” Protectors: The Indian Trust and Killers of the Flower Moon”
My review of David Grann’s Killers of the Flower Moon has been published in the Michigan Law Review. You can download the paper here or here.
An excerpt:
Killers of the Flower Moon will be an eye-opener for those who are not aware of what it means for the United States to shirk its duties to Indian people. Osage people alive today are direct victims of the Osage Reign of Terror (pp. 280–91). Grann’s book tells an interesting story about the early days of the FBI, the development of early criminal investigation techniques, and the slow death of frontier injustice and corruption. It is a story ripe for a suspenseful and entertaining film. But Killers of the Flower Moon could be so much more. For whatever reason—be it the fame of the author, the focus on major American historical figures like J. Edgar Hoover, or the fact that the FBI is investigating the current president—Grann’s work has the attention of much of the American public. Killers of the Flower Moon should be a call to action for the United States to take its duty of protection seriously, but instead the stories of real American Indian lives are a framing mechanism for a true-crime FBI story. Indian tribes standing against the political winds that threaten the trust relationship, the duty of protection the ancestors negotiated for in the nineteenth century, deserve more. The thousands of American Indian women who suffer sexual assaults every year and the thousands of American Indian children who witness and suffer violence every year deserve much more.
Continuing thanks to Wilson Pipestem and Alex Skibine.
Cedar Band Paiutes Sue HUD over New Mortgage Guidance that Destroyed Its Business
Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah):
“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.”
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 happened by the Japanese Internment Memorial, noting that the federal government placed many of the concentration camps on Indian reservations: Continue reading
Narragansett NHPA Consultation Suit
Here is the complaint Narragansett Indian Tribe v. Federal Highway Administration (D.R.I.):
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 (“NHPA”). The termination of the PA occurred after substantial construction had taken place on the project for which the PA was meant to address and resolve the adverse effects of the project on historic properties to the signatories’ satisfaction. The termination of the PA after substantial work had been performed on the project, and the subsequent final decision of the Federal Highway Association (“FHWA”) was arbitrary and capricious.
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