South Dakota Federal Court Dismisses Lower Brule Tribal School Overspending Case

Here are the materials in Lower Brule Sioux Tribe v. Haaland (D.S.D.):

1 Complaint

10 Motion to Dismiss

17 Opposition

23 Reply

27 DCT Order

I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

Prior post on the D.C. Circuit decision from which this case is on remand here.

Briefs:

Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge

Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.

Briefs:

Klamath irrigation Opening Brief

Shasta View Opening Brief

Hoopa Answer Brief

Klamath Answer Brief

Federal Answer Brief

Shasta View Reply

Reply

Lower court materials here.

Cherokee Trust Breach Suit Update

Here are the materials so far in Cherokee Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

34-1 Motion to Dismiss

39 Opposition

41 Reply

42 DCT Order Denying Motion to Dismiss

54-1 Federal Motion to Dismiss

55-1 Federal Motion for Protective Order

60 Cherokee Opposition to Motion to Dismiss

85 DCT Order Re Protective Order

88-1 Cherokee Motion for Summary J

96-1 Federal Cross-Motion

97 Federal Cross-Motion

98 Cherokee Motion for Summary J

99 Cherokee Reply in Support of MSJ

D.C. Federal Court Dismisses All Claims Except APA Claim by Ute Tribe to Uncompahgre Reservation

Here are the materials in Ute Indian Tribe of the Uintah and Ouray Reservation v. United States (D. Utah):

1 Complaint

35 US Motion to Dismiss

46 Opposition

48 Reply

76 DCT Order

80 US Motion for Partial Reconsideration

87 Opposition

89 Reply

90 DCT Order Granting Reconsideration

Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland

Here:

Here are the district court materials:

31 [minute order dismissing case]

Jemez Pueblo Sues United States over the Post Office

Here is the complaint in Pueblo of Jemez v. United States (D.N.M.):

NOT the post office.
Also NOT the post office, but down the road over in Jemez Springs. Maybe this is where the Indian affairs people went for fun.

Northern Cheyenne Tribe Sues Interior over Reservation Policing

Here is the complaint in Northern Cheyenne Tribe v. United States (D. Mont.):

Dept. of Justice [almost certainly over Interior’s objections] and Arizona File Cert Petitions in Navajo Nation Water Rights Trust Suit

Here is the petition in Dept. of the Interior v. Navajo Nation:

Question presented:

Whether the federal government owes the Navajo Nation an affirmative, judicially enforceable fiduciary duty to assess and address the Navajo Nation’s need for water from particular sources, in the absence of any substantive source of law that expressly establishes such a duty.

Here is the petition and the partial acquiescence by Justice in Arizona v. Navajo Nation:

Questions presented:

I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and manage the mainstream of the LBCR so as not to in- terfere with that plan, infringe upon this Court’s re- tained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?
II. Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine?

Lower court materials here.

New Mexico Federal Court Allows FTCA Claim over Navajo Irrigation Project Damage

Here are the materials (So far) in Navajo Agricultural Products Industries v. United States (D.N.M.):