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

Matthew L.M. Fletcher

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

US Cert Petition.pdfDownload

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:

Arizona v. Navajo Nation Cert Petition.pdfDownload
US Response — Arizona v. Navajo Nation.pdfDownload

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.

Critical Race Theory Summer School — Indigenous Peoples Issues

Matthew L.M. Fletcher

Kim Crenshaw’s African American Policy Forum is hosting it’s third Critical Race Theory Summer School and this year for the first time will have a full week of classes focused on indigenous peoples’ issues and the intersections with Critical Race Theory and Practice.

Northern Arapaho Tribe Set for Trial in Law Firm Overbilling Suit

Matthew L.M. Fletcher

Here is the complaint in Northern Arapaho v. Baldwin Crocker & Rudd (Wyo. Dist. Ct.):

NAT v BCR complaint as filed w exhibits.pdfDownload
07-08-22 Order on Pretrial Conference – MIL.pdfDownload

Jim Thorpe Sole Winner of 1912 Olympic Medals

Kate Fort

As it was relayed to me, “a modicum of good news on a Friday,” which seemed reason enough to post.

American Indian Law Journal, Volume 10, Issue 2

Matthew L.M. Fletcher

Here:

Current Issue: Volume 10, Issue 2 (2022)

Articles

PDF

Extraction of Personal Data: A New Form of Colonialism or Continuation of a Colonial Practice? Adult Native American Adoptees Resist Assimilation and Rebuild Erased Identities
Leonard Mukosi

PDF

Crossing the Dark and Fearful River: Monsanto, PCBs, and Emerging Tort Theories
Keith Dornan and Jamie Hearn

PDF

Case Law on American Indians
Thomas P. Schlosser

PDF

The Rule Against Hearsay, Indigenous Claims and Story-Telling as Testimony in Canadian Courts
Zia Akhtar

PDF

A Watershed Moment: The Health and Economic Impact of Water Sustainability in the Navajo Nation Post Pandemic
Onnaedo Nwankwo

Arizona State Court Dismisses Employment Suit against Navajo Sage Memorial Hospital

Matthew L.M. Fletcher

Here are the materials in El-Meligi v. Navajo Health Foundation — Sage Memorial Hospital, Inc. (Ariz. Super.):

211129 First Amended Complaint.pdfDownload
211220 Motion to Dismiss.pdfDownload
220128 Plaintiff’s Response to Motion to Dismiss.pdfDownload
220209 SMH Reply in Support of Motion to Dismiss (Final).pdfDownload
220429 Plaintiffs’ Findings of Fact and Conclusions of Law.pdfDownload
CV2021-183 Under Advisement.pdfDownload

ND District Court Denies State’s Motion to Dismiss Redistricting Case

Matthew Campbell

Here is the Order denying the North Dakota’s Motion to Dismiss Turtle Mountain and Spirit Lake’s Complaint.

order-denying-motion-to-dismissDownload

The Tribes’ Release can be seen here. From the release:

“North Dakota’s newly drawn state legislative map dilutes the voting strength of Spirt Lake members. The Secretary of State has tried to dismiss the case on far-fetched procedural arguments because he doesn’t want to have to argue the facts, but we look forward to the opportunity move forward with this case,” said Spirit Lake Tribe Chair Douglas Yankton, Sr.

“Historically, Native voters in northeastern North Dakota have been able to elect two State House candidates of our choice. The new map reduces our representatives to one and is in direct violation of the Voting Rights Act. We appreciate that the court recognized that Tribes and individual Native voters have the right to be heard and have our voting rights protected,” said Turtle Mountain Chippewa Chair Jamie Azure.

The Motion, Response, Reply, and United States’ Statement of Interest are below.

18-mtdDownload
24.-response-to-mtdDownload
doc.-025-statement-of-interest-of-the-us-turtle-mtn-v.-jaeger-2022.05.20Download
reply-to-response-to-mtdDownload

Previous post on this matter here.