Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement

Here is the opinion in LaBatte v . United States.

Briefs:

LaBatte Brief

US Brief

Reply

Lower court materials here. D.C. Circuit proceedings here.

Ninth Circuit Rejects Gila River Indian Community Reimbursement Claims against VA

Here is the opinion in Gila River Indian Community v. Dept. of Veterans Affairs.

Briefs here.

Norton Sound Health Corp. Sues IHS

Here is the complaint in North Sound Health Corp. v. Azar (D.D.C.):

5-14-2018 NSHC v Azar Complaint (Final as filed)

Muscogee (Creek) Nation v. Azar Complaint

Here:

2 Complaint

Eighth Circuit Decides Sisseton-Wahpeton Oyate v. U.S. Corps of Engineers

Here is the opinion. The court’s syllabus:

Action challenging the issuance of Clean Water Act permits allowing a farm owner to dredge and fill portions of Enemy Swim Lake in furtherance of the owner’s activities in building a road over an inlet of the lake; a 2010 letter from the Corps was not a final agency action for purposes of the permit and exemptions determinations as the letter did not affect the legal rights of the farm owner, the Tribe or the Corps; Tribe’s recapture claim under 33 U.S.C. Sec. 1344(f)(2) was a nonjusticiable enforcement action; Tribe’s claims arising from the Corps’s permit and exemption determinations made from 1998 to 2003 were barred by the statute of limitations and the Tribe was not eligible for equitable tolling because it had not diligently pursued its rights; dismissal of the Tribe’s arbitrary-and-capricious challenge to the Corps’s 2009 permit decision rejected as the Corps did not violate its own regulations in issuing the 2009 nationwide-permit determination; the district court did not make a final decision with respect to the lawfulness of the Corps’s regulations enacted pursuant to the National Historic Preservation Act, and the court lacked jurisdiction to review the lawfulness of the regulations.

Briefs.

 

Ruth Hopkins: “Native Tribes Could Lose Federal Recognition of Tribal Sovereignty Under Trump”

From Teen Vogue, here.

Saginaw Chippewa Disenrollees Sue Interior for Failure to Enforce the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act

Here is the complaint in Cavazos v. Zinke (D.D.C.):

tribal-members-lawsuit

The plaintiffs are represented by Gerald Torres, Michael Sliger, and Hope Babcock.

News coverage: “Expelled Tribe Members Say Feds Did Nothing to Protect Their Rights

Update:

10-1 Motion to Dismiss

12 Opposition

13 reply

Lummi Tribe v. United States Cert Petition [HUD Funding]

Here is the petition:

Cert Petition

Questions presented:

Does 28 U.S.C. § 1491 grant the court of federal claims jurisdiction over an action to recover grant-in-aid funds unlawfully recouped by the United States or is the action one for specific relief which must be brought under the Administrative Procedure Act, 5 U.S.C. § 702?
Does the court of federal claims have jurisdiction to enter a judgment on an illegal exaction claim when the United States had previously awarded money to a recipient under a grant-in-aid statute and then unlawfully recouped the funds?
Where a grant-in-aid statute mandates that the United States pay grant funds to a plaintiff, does the court of federal claims have jurisdiction to enter a money judgment for the failure to pay the grant funds even if there are conditions on the use of the grant funds after they are awarded?

Lower court materials here.

UPDATE:

us cert opp

Reply

Bristol Bay Area Health Waiver Request from USAC Funding Cap (FCC)

Here:

180402 – Request for Waiver of USAC Funding Cap for 2017 Funding

Seminole Tribe v. Azar Complaint

Here:

01 – Complaint