Here is the order in Yount v. Jewell (D. Ariz.):
trust relationship
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.):
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
Federal Judge Allows U.S. Intervention in Agua Caliente Water Rights Case
Federal Circuit Affirms Council for Tribal Employment Rights v. United States Without Opinion
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.):
62-1 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:
Oral argument audio here.
Lower court (C.D. Cal.) materials here:
7-1 Chemehuevi Motion for Summary J
Federal Court Dismisses Challenge to 2009 Mashpee Wampanoag Tribe Election
Here are the materials in Ramos v. Bureau of Indian Affairs (D. Mass.):
An excerpt:
The Plaintiffs, enrolled members of the Mashpee Wampanoag Tribe (“Tribe”), have sued the Defendants, the Bureau of Indian Affairs (“BIA”); Michael Black, Director of the BIA; Mike Smith, Deputy Director; Franklin Keel, Regional Director; and Kevin Washburn, Assistant Secretary (collectively, the “Defendants”) seeking an injunction requiring the Defendants to conduct an investigation into the Tribe’s 2009 election and to take action to ensure that the Tribe’s elections are properly conducted. D. 9 at 10. The Defendants have moved to dismiss the complaint for lack of subject matter jurisdiction, failure to state a claim and failure to join a necessary party. D. 10. Because the Court concludes that it does not have subject matter jurisdiction over this matter, the Court ALLOWS the motion to dismiss.
New Scholarship by Mary Wood: “Tribal Trustees in Climate Crisis”
Mary C. Wood has posted “Tribal Trustees in Climate Crisis” on SSRN. It is forthcoming in the American Indian Law Journal. Here is the abstract:
The legal “cornerstone” of federal Indian law is the federal trust obligation. The duty was formulated by courts long ago to protect native nations against federal actions that harm the retained tribal property and resources. Yet in recent years, courts have diminished the force of the doctrine by equating it, for all practical purposes, with statutory standards. This essay turns attention to another doctrine, the public trust doctrine, which characterizes sovereigns as trustees of their resources. The public trust framework positions tribes as co-trustees with states and the federal government. This article suggests a role for tribes in climate crisis by asserting the right of co-trustees and co-tenants to prevent waste of the common resource – the atmosphere.
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