Robin Kundis Craig on Sackett + Navajo + Montana

Matthew L.M. Fletcher

Robin Kundis Craig has posted “Tribes and Water in the Wake of Navajo Nation and Sackett: Treaties, Winters, Montana, and Rights of Nature,” forthcoming in the William & Mary Environmental Law and Policy Review, on SSRN.

Here is the abstract:

As headlines over the last decade have made clear, people in the United States can no longer afford to take fresh water for granted. In the midst of increasing issues regarding both water quality and water quantity (allocation), Tribes are playing an ever-more-active role in the Nation’s water management. This Article provides an overview of the contemporary legal landscape governing tribal authority over water, emphasizing two recent Supreme Court decisions: Sackett v. Environmental Protection Agency (May 2023), in which the Supreme Court cut back on the Clean Water Act’s jurisdictional reach, and Arizona v. Navajo Nation, in which the Court held that the federal government has no trust duty to help Tribes get water.

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SCOTUS Denies Stay in Ute Tribe Effort to Avoid $300K Sanctions Award

Matthew L.M. Fletcher

SCOTUS docket page here.

Ute’s application and appendix is here:

Application for Stay.pdfDownload

Lower court materials here.

Eighth Circuit Affirms Upward Departure from Sentencing Guidelines in Indian Country DV Case Based on 27 Prior Tribal Court Convictions

Matthew L.M. Fletcher

Here are the materials in United States v. Good Left:

Unpublished Opinion:

231295U.pdfDownload
Opening Brief.pdfDownload
Government Brief.pdfDownload
Reply.pdfDownload

UCLA Richard M. Milanovich Fellowship in Law 2024-2026 — Deadline Extended to Feb. 1, 2024

Matthew L.M. Fletcher

Here.

Onondaga Merits Brief in Land Claims Matter before Inter-American Commission on Human Rights

Matthew L.M. Fletcher

Here:

Petitioners’ Merits Brief – rev’d 12.24.2023.pdfDownload

Oklahoma Federal Court Permanently Enjoins Wind Farm

Matthew L.M. Fletcher

Here are the materials in United States v. Osage Wind LLC (N.D. Oklahoma.):

294-1 Osage Minerals Council MSJ.pdfDownload
297 Osage Wind MSJ.pdfDownload
300 United States MSJ.pdfDownload
316 Osage Minerals Council Response.pdfDownload
319 United States Response.pdfDownload
321 Osage Wind Response to 300.pdfDownload
324 Osage Wind Response to 297.pdfDownload
325 Osage Minerals Council Reply ISO 297.pdfDownload
345 US Reply ISO 300.pdfDownload
346 Osage Wind Reply to US ISO 294.pdfDownload
347 Osage Win Reply to OMC ISO 294.pdfDownload
386 DCT Order.pdfDownload

Prior posts here — there’s a lot of them (good for the lawyers, eh?).

Body Cam Footage from Altercation between Creek Lighthorse and Olkmulgee County Jailer

Matthew L.M. Fletcher

From NonDoc:

Holy Lack of Jurisdiction, Batman! Oklahoma Federal Court Issues Declaratory Judgment against MCN Judges in Case Already Decided by Tribal Judiciary

Matthew L.M. Fletcher

Here are the materials in Thlopthlocco Tribal Town v. Wiley (N.D. Oklahoma.):

176 Thlopthlocco MSJ.pdfDownload
177 MCN Judiciary MTD.pdfDownload
178 TTT Response to 177.pdfDownload
180 MCN Judiciary Response to 178.pdfDownload
181 TTT Reply ISO 176.pdfDownload
190 MCN Judiciary Surreply.pdfDownload
195 DCT Order.pdfDownload

In case you’re wondering, here’s the case where TTT already won this relief in tribal court.

These dudes is as befuddled as I am.

Florida COA Holds Premature Tort Claim Against Seminole Does Not Foreclose Later Claim within Limitations Period

Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. Pupo (Fla. Ct. App.):

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply Brief.pdfDownload

Eighth Circuit Briefs in HCI Distributing v. Hilgers [Challenge to Tobacco Master Settlement Agreement]

Matthew L.M. Fletcher

Here:

State Opening Brief.pdfDownload
HCI Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here and here.