trust relationship – Page 22

Federal Claims Court Dismisses Most Counts in Pine Ridge Lease Cancellation Challenge

October 16, 2017Matthew L.M. Fletcher

Here are the materials in Moody v. United States (Fed. Cl.):

1 Complaint

32 Motion to Dismiss Counts 1-3

33 Response

34 Reply

36 Order

Paul Spruhan on the Law of the Certificate of Degree of Indian Blood (CDIB)

October 10, 2017October 10, 2017Matthew L.M. Fletcher1 Comment

Paul Spruhan posted “CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Legal Identity” on SSRN.

The abstract:

This essay discusses the “CDIB” or Certificate of Indian or Alaska Native Blood, a document that proves an individual’s quantum of Native American blood. The CDIB is a federal document issued by the Bureau of Indian Affairs or by tribal nations through a “638” self-determination contract, but without published regulations or even clear written guidelines. The essay discusses its mysterious origins, its primary purpose, and its role in defining Native American legal identity. It also suggests some provisions to be included in final regulations, should the Bureau of Indian Affairs revive its attempt to publish CDIB regulations.

Standing Rock/NoDAPL Motion to File Amicus in Support of Dakota Access and ACOE Brief Regarding Remedy

September 28, 2017Sarah M Donnelly

Here are the briefs(PDF) in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al, (D.D.C. 16-cv-01534):

Link: Previously filed documents

Tenth Circuit Dismisses Challenge to Hydraulic Fracking Rule as Unripe

September 22, 2017Matthew L.M. Fletcher

Here is the opinion in State of Wyoming v. Zinke.

Federal Court Dismisses Pawnee Effort to Challenge Oil and Gas Leases

September 19, 2017September 19, 2017Matthew L.M. Fletcher

Here are the materials in Pawnee Nation of Oklahoma v. Zinke (N.D. Okla.):

Federal Circuit Vacates Tribal Win in NAHASDA Suit

September 13, 2017September 13, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Lummi Tribe v. United States.

An excerpt from the opinion:

The government seeks review of a September 30, 2015 order of the Court of Federal Claims (the “Claims Court”). See Order, Lummi Tribe of the Lummi Reservation v. United States, No. 08-848C (Fed. Cl. Sept. 30, 2015), ECF No. 121. In that order, the Claims Court reaffirmed its prior ruling that the Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”) is money mandating, giving the Claims Court jurisdiction over appellees’ claims. Id. On June 9, 2016, this court granted the government’s petition for interlocutory appeal to “ensure that the Court of Federal Claims is the court of proper jurisdiction before requiring it and the parties to undergo extensive unnecessary proceedings.” Order at 3, Lummi Tribe of the Lummi Reservation v. United States, No. 2016-124 (Fed. Cir. June 9, 2016), ECF No. 1-2. For the following reasons, we vacate and instruct the Claims Court to dismiss this action for lack of subject-matter jurisdiction.