Ninth Circuit Briefs in Hopland Band of Pomo Indians v. Jewell (ISDEAA Law Enforcement Funding)

Here:

Hopland Band Opening Brief

Federal Answer Brief

Hopland Reply Brief

Lower court materials here:

21 Tribal Motion for Summary J

32 US Motion for Summary J

32-1 Cruzan Declaration

34 Tribal Response

38 US Reply

55 DCT Order

We posted on this case here and here.

Federal Court Dismisses Navajo Colorado River Water Rights Claims

Here are the materials in Navajo Nation v. Dept. of Interior (D. Ariz.):

240-1 Interior Motion to Dismiss

253 Hopi motion to dismiss

282 Navajo Response

293 Interior Reply

305 DCT Order Dismissing Claims

Oral Argument Scheduled in Yount v. Jewell — Challenge to Secretarial Withdrawal of Lands Around Grand Canyon on Establishment Grounds

Here is the order in Yount v. Jewell (D. Ariz.):

227 Oral Argument Order

Briefs here. Prior post here.

 

 

Federal Claims Court Dismisses Winnemucca Trust Breach Claim arising from Alleged Failure to Recognize Proper Tribal Council

Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.):

1 Complaint

9-1 US Motion to Dismiss

15 Opposition

21 US Reply

23 DCT Order Granting Motion to Dismiss

An excerpt:

The government argues that Counts One, Two, and Three of the pending case must be dismissed under § 1500 because those Counts raise claims that are the same as the claims pending in the Nevada litigation. Plaintiffs contend that the claims in both lawsuits are not the same and therefore Counts One, Two, and Three need not be dismissed. In addition, the government argues that Counts Three and Four must be dismissed for lack of jurisdiction because they seek equitable relief and a declaratory judgment that are outside the jurisdiction of this court. Plaintiffs did not respond to the government’s arguments regarding this court’s lack of jurisdiction over Counts Three and Four.3 For the reasons discussed below, the court agrees with the government that § 1500 bars the court from considering Counts One, Two, and Three of plaintiffs’ complaint and that Counts Three and Four also must be dismissed as seeking relief outside the jurisdiction of the court. The government’s motion to dismiss the complaint is therefore GRANTED.

Federal Circuit Briefs in Hopi Tribe v. United States

Here:

Hopi Opening Brief

US Answer Brief

Hopi Reply Brief

Lower court materials here.

Federal Judge Allows U.S. Intervention in Agua Caliente Water Rights Case

Press coverage here.

Previous coverage here.

The order is here:

70 DCT Order Granting Intervention

Federal Circuit Affirms Council for Tribal Employment Rights v. United States Without Opinion

Here is the order.

Briefs and lower court materials here.

United States Intervenes in Agua Caliente Water Rights Dispute

Here are the new materials in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

62 US Motion to Intervene

62-1 US Complaint in Intervention

News coverage here.

Prior post with tribe’s complaint here.

And the DOJ media release: Continue reading

Payment of Contract Support Costs is Mandatory – Why Isn’t the Funding?

Attorneys from Hobbs Strauss have prepared a proposal to enact permanent mandatory funding appropriations for contract support costs under the ISDEAA. The proposal is here:

White Paper and Proposal – Final

They also have an editorial in the ICT on this matter.

Ninth Circuit Materials in Chemehuevi Indian Tribe v. Jewell: Tribal Land Assignment Dispute

Here:

Chemehuevi Opening Brief

Interior Response Brief

Chemehuevi Reply Brief

Oral argument audio here.

Lower court (C.D. Cal.) materials here:

6 Interior Motion to Dismiss

7-1 Chemehuevi Motion for Summary J

16 Chemehuevi Opposition

17 Interior Opposition

24 Interior Reply

25 Chemehuevi Reply

26 Interior Reply

30 DCT Order