D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

Here is the opinion.

An excerpt:

This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.

Briefs here.

David Treuer in the Atlantic

Treuer’s article is titled, Return the National Parks to the Tribes: The jewels of America’s landscape should belong to America’s original peoples.

Here.

Mohawk Gaming Loses Pandemic Business Interruption Claim against Insurance Company

Here are the materials in Mohawk Gaming Enterprises LLC v. Affiliated FM Insurance Co. (N.D. N.Y.):

18-1 Mohawk MSJ

19-1 Affiliated Response

23 Mohawk Reply

27 Affiliated Reply

32 DCT Order

The complaint is here.

Ksanka Kupaqa Xaʾⱡȼin Prevails in Rock Creek Mine Challenge

Here are the materials in Ksanka Kupaqa Xaʾⱡȼin v. United States Fish and Wildlife Service (D. Mont.):

99 Amended Complaint

108 Ksanka Kupaqa Xa’lcin MSJ

110 Intervenor MSJ

114 Federal MSJ

117 Ksanka Kupaqa Xa’lcin Reply

120 Intervenor Reply

121 Federal Reply

131 DCT Order

Update: ICWA Educational Zoom Conference

Due to technical difficulties, please click the following link to join the next panel beginning at 1:45 CT!

https://usd.zoom.us/j/92454118611

Come work with us!

The Indigenous Law & Policy Center at MSU College of Law is hiring a new Communications Coordinator. Internal MSU applications are due Tuesday, April 20, and external applications are due Tuesday, April 27. Please share this post with anyone who may be interested.

The public job announcement on the Careers @ MSU site is available here.

Federal Court Stays Mille Lacs Reservation Boundaries Case Pending Interlocutory Appeal by County Officials

Here are the materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

225 Tribe Motion for Summary Judgment

241 County Motion for Summary Judgment

250 State of Minnesota Amicus Brief

265-1 US Amicus Brief

269 Tribe Reply

271 County Reply

286 Tribe Supplemental Brief

288 County Response to 286

290 DCT Order

Prior post here.

Brackeen 1 Hour CLE Next Week

Registration Link: https://www.twgtrainings.com/brackeen-decision

Cornell/Yale Indigenous Nations and Climate Change Conference, April 21-23

Register here.

D.C. Circuit Rejects Tribal Contract Support Costs Claim re: Insurance Money

Here is the opinion in Swinomish Indian Tribal Community v. Becerra.

Briefs:

Swinomish Brief

Tribal Amicus Brief

Federal Answer Brief

Swinomish Reply

Lower court materials here.