Heather Tanana to Speak at UMLS Next Week

Utah Federal Court Dismisses Ute Water-Related Breach of Trust Claims

Here are the materials in Ute Indian Tribe v. Dept. of the Interior (D. Utah):

199 Water District Motion to Dismiss

200 US Motion to Dismiss

201 Utah Motion to Dismiss

207 Response to Water District Motion

208 Response to State Motion

210 Response to US Motion

214 Utah Reply

215 US Reply

216 Water District Reply

244 DCT Order

Prior post here.

United States Seeks SCOTUS Review of Decisions Awarding Contract Support Costs to Tribal Health Clinics

Here is the petition in Beccera v. Northern Arapaho Tribe:

Question presented:

Whether IHS must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.

Lower court materials here.

Here is the petition in Beccera v. San Carlos Apache Tribe:

The question presented is the same in both cases.

Lower court materials here.

Court of Federal Claims Dismisses Suit against U.S. Arising from Winnemucca Leadership Dispute

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

Kevin Washburn on the Biden-Harris Administration’s Expanding Work with Tribes

Kevin Washburn has posted “The March of Co-Management — The Biden-Harris Administration’s Expanding Work with Tribes” on SSRN.

Here is the abstract:

In response to a request from the Foundation of Natural Resources and Environmental Law for a description of the Biden-Harris Administration’s efforts to increase the role of tribal communities in federal land management, this essay provides a variety of ways that the Biden-Harris Administration has worked to provide a stronger relationship between the federal government and tribal governments. These efforts include historic appointments of Native Americans to significant positions, especially in the areas governing natural resources in the federal government. It also includes better processes for incorporating traditional ecological knowledge into decision making, enhancing efforts at tribal consultation, and dramatically increased appropriations for tribal governments. The essay also explains how tribes fit within broader administration priorities, such as the American the Beautiful initiative to conserve 30 percent of American land by 2030, and the Justice 40 initiative, providing 40 percent of federally-appropriated funds invested in support of the clean energy transition to communities burdened by traditional energy infrastructure.

SCOTUS Rejects Navajo Nation’s Water Rights Trust Claim 5-4

Here is the opinion in Arizona v. Navajo Nation.

Background materials here.

Virginia Federal Court Dismisses Suit over Monacan Intra-Tribal Political Dispute

Here are the materials in Brooks v. Burnham (W.D. Va.):

Tchochke

South Dakota Federal Court Declines to Dismiss Oglala Sioux Tribe’s Demand for Federal Law Enforcement Funding

Here are the updated materials in Oglala Sioux Tribe v. United States (D.S.D.):

Prior post with additional briefs here.

Jaune Smith

Klamath Irrigation District v. Bureau of Reclamation Cert Petition [Rule 19 & Tribal Immunity]

Here:

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use of water subject to state-adjudicated water rights if a Native American tribe asserts an interest in the suit and does not consent to joinder.

Lower court materials here.

Jaune Smith

SCOTUSBlog Preview of Arizona v. Navajo Nation

Here is “As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River.”

Background materials on the case are here.