trust relationship – Page 47

If Congress does not replace or avert the sequester scheduled for March 1, 2013, forced spending cuts will undermine the trust, treaty, and statutory obligations to tribal governments that are funded in the federal budget. Not only would it sacrifice the federal trust responsibility to tribes, but it would thwart tribes’ ability to promote economic growth or plan for the benefit of future generations. The Office of Management and Budget estimates the effective percentage reduction will be approximately nine percent for non-defense programs because the reduction will be implemented over the remaining seven months of the fiscal year (FY).

Cherokee Nation En Banc Petition in Vann v. Salazar

January 29, 2013January 29, 2013Matthew L.M. Fletcher

Here:

2013-01-28 Appellee Cherokee Nation Petition for Rehearing (without attachments)

Panel materials here.

The D.C. Circuit has had few, if any, en banc hearings in the last few years because the court is severely understaffed. There have been, however, a rash of dissents from denial of en banc petitions which serve as a sort of marker for later review. Worth it to see if anything happens here.

D.C. Circuit Briefs in RCRA Claims against US in Navajo Uranium Mining Contamination

January 23, 2013Matthew L.M. Fletcher3 Comments

Here are the materials in El Paso Natural Gas Co. v. United States:

El Paso Natural Gas Co. Brief

Navajo Nation Brief

Federal Answer Brief

El Paso Natural Gas Co. Reply

Navajo Nation Reply

Materials from an earlier D.C. Circuit appeal (the Mill Tailings Act Appeal) are here.

Federal Court Denies Intervention to Dosar-Barkus Band in Seminole Nation v. Salazar Trust Settlement

January 23, 2013Matthew L.M. Fletcher

Here are the materials in Seminole Nation of Oklahoma v. Salazar (E.D. Okla.):

DCT Order Denying Motion to Intervene

Dosar-Barkus Band Motion to Intervene

Interior Opposition

Seminole Nation Opposition

Update on the White House Tribal Nations Conference

December 5, 2012December 5, 2012Ann Tweedy1 Comment

Here’s a link to watch the Conference live: www.doi.gov/live [or try here] I understand from friends at Swinomish that Swinomish Chairman Brian Cladoosby will be introducing President Obama at 1:30 EST. However, there have been a lot of corrections to the time of the introduction, so no guarantees on the time.

The earlier post on the conference is here: https://turtletalk.wordpress.com/2012/11/15/president-obama-announces-2012-white-house-tribal-nations-conference/

Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

November 9, 2012November 12, 2012Matthew L.M. Fletcher

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply