trust relationship – Page 2

The federal government of the United States, including federal agencies, owes a trust responsibility to Tribes. The contemporary federal administrative state has given greater authority over agency decisions to the federal judiciary while simultaneously reducing government funding for various agencies’ operations. As a result, it is unclear that the federal government will continue to adhere to its trust responsibility in agency actions. Failure to account for Tribal governments in the current administrative state is a violation of the United States’ duty to Tribes and calls for greater advocacy to ensure the protection of Tribal interests—both in federal agencies and in federal courts.

*This bullshit AI art is no reflection on Manny’s great work. (Look at those cheeks!*)

Utah Federal Court Rejects Ute Tribe Demand to Restore Federal Land to Tribal Ownership

February 14, 2025Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. United States (D.D.C.):

35 US Motion to Dismiss Counts 1-3, 5

46 Opposition

48 Reply

76 DCT Order

102 Ute Motion for Summary J on Remaining Counts

103-1 US Cross-Motion

105 State Joinder of 103

Complaint here.

Susanville Indian Rancheria Sues IHS over Contract Support Costs

January 13, 2025Matthew L.M. Fletcher

Here is the complaint in Susanville Indian Rancheria v. Beccera (E.D. Cal.):

1 Complaint.pdf Download

D.C. Federal Court Narrows Cherokee Trust Victory

September 30, 2024Matthew L.M. Fletcher

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

111 Federal Objection to Magistrate Report

112 Cherokee Response

114 Federal Reply

130 DCT Order

Prior post here.

Cheyenne River Sioux Tribe Loses Trial in Federal Trust Breach Action Despite Federal Inaction that “dilutes a unique community and leading it one step closer towards decay”

August 19, 2024August 16, 2024Matthew L.M. Fletcher

Here are the updated materials in Cheyenne River Sioux Tribe v. United States (Fed. Cl.):

134-2 Cheyenne River Pre-Trial Memorandum.pdf Download

138 US Pre-Trial Memorandum.pdf Download

183 CFC Opinion.pdf Download

Prior post here.

This paragraph is brutal:

The evidence presented to the Court at trial was “both overwhelming and extremely underwhelming.” (Tr. Court, 1426:20). Witness testimony was poignant at times, on one occasion moving some in the courtroom audience to tears. Ultimately, however, the Tribe failed to shoulder its burden of proof; and despite the Court’s serious misgivings about the treatment of the Tribe, the Tribe did not show that the United States’ failure to repair the crumbling Building violated trust obligations or constituted to a taking. Even if the Tribe met the elements of a breach of trust or takings claim, its proof of damages was entirely unconvincing, dependent on construction costs in the city limits of Chicago and rental values derived from cursory internet searches. Accordingly, the United States is entitled to judgment.