Three Tribes Withdraw Laches as a Defense in US v. Washington Subproceeding 17-03

Matthew L.M. Fletcher

Here are the notices of withdrawal of laches as a defense in United States v. Washington subproceeding 17-03 (W.D. Wash.):

Sub 17-03 Swinomish Indian Tribal Community Notice of Withdrawal of Laches Defense 011921

Sub 17-03 The Tulalip Tribes Withdrawal of Laches Defense 011921

Sub 17-03 Upper Skagit Indian Tribe Withdrawal of Laches Defense 011921

Prior posts here and here.

As I wrote in 2015, I see this as a good thing — the possibility that the laches defense could be used against tribal treaty rights has hung like a smoggy haze over Indian country ever since 2005. It staggers me to think that tribes would do this to themselves for short-term, and probably illusory, gain.

San Carlos Apache Tribe Sues US Forest Service to Protect Oak Flat

Matthew L.M. Fletcher

Here is the complaint in San Carlos Apache Tribe v. USFS (D. Ariz.):

1 Complaint

Press release here.

Wednesday (1/20) — Lunch in Indian Country CLE: McGirt and Its Impact on Tribal Rights [Tribal In-House Counsel Assn.]

Matthew L.M. Fletcher

Register here.

I’ll be referencing some new work, here.

Comic book, here.

Federal Claims Court Dismiss Claims of Irrigators in Wapato Irrigation Project [near Yakama Nation]

Matthew L.M. Fletcher

Here are the materials in Olson v. United States (Fed. Cl.):

34 Amended Complaint

35 Motion to Dismiss

36 Response

40 Reply

46 US Supplemental Brief

47 Response

48 DCT Order

Cherokee Nation Prevails Against Insurance Company over Pandemic-Forced Business Shutdown

Matthew L.M. Fletcher

Here are the materials in Cherokee Nation v. Lexington Ins. Co. (Cherokee County Dist. Ct.):

2020-4-13 Petition

2020-08-11 Cherokee first MPSJ

2020-09-14 Arch Opposition Brief – OK MPSJ

2020-09-14 Aspen resp to MPSJ

2020-09-14 Evanston Supp Resp to MPSJ

2020-09-14 HALLMARK CHEROKEE – Hallmark Resp to MPSJ

2020-09-14 INSURERS Opp Cherokee’s MPSJ

2020-09-14 Landmark – Cherokee – Supp Opposition Brief – OK MSJ

2020-09-14 XL’s Opposition to Cherokee’s MPSJ [20-0914]

2020-11-20 Notice of Supp Authortiy (Western District)

2020-12-11 – Cherokee Reply to Arch- MSJ

2020-12-11 – Cherokee Reply to Aspen – MPSJ

2020-12-11 – Cherokee Reply to Evanston – MPSJ

2020-12-11 – Cherokee Reply to Hallmark – MPSJ

2020-12-11 – Cherokee Reply to Landmark – MPSJ

2020-12-11 – Cherokee Reply to Liberty Mutual – MPSJ

2020-12-11 – Cherokee Reply to XL Insurance America – MPSJ

2020-12-11 Cherokee Reply to Insurers MPSJ

2020-12-17 Cherokee – Liberty Mutual, Landmark, Arch Motion for Leave to file SurRely

2020-12-17 Insurers’ Ntc of Supplemental Authority

2021-01-06 Arch Sur-Reply to MPSJ

2021-01-06 Landmark Sur-Reply to MPSJ

2021-01-06 Liberty Mutual Sur-Replyto MPSJ

2021-01-14 Order – Granting Cherokee’s MPSJ

Federal Court Grants Habeas Petition, Following McGirt

Matthew L.M. Fletcher

Here are materials in DeerLeader v. Crow (N.D. Okla.):

16 State Response

17 DCT Order

James Earl Jones Reads Letter from a Birmingham Jail

Matthew L.M. Fletcher

Wyoming Missing and Murdered Indigenous People Report

Matthew L.M. Fletcher

Here.

Dibaginjigaadeg Anishinaabe Ezhitwaad, a tribal climate adaptation menu [Ohio State]

Matthew L.M. Fletcher

Here:

Berkeley News: “Why were Trump loyalists allowed to storm the Capitol?”

Matthew L.M. Fletcher

Featuring a former student of mine and current tribal cultural resources policy fellow at Berkeley Law, Nazune Menka, here.

An excerpt:

In 2016 and 2017, we saw what the police response was to the Dakota Access Pipeline and water protectors. The use of water cannons and rubber bullets on peaceful people at the Water Protector Camp was reminiscent of the police treatment of activists during the civil rights movement in the South.

This summer, we saw what the police response was to the Black Lives Matter movement. The protests that were happening were largely calm. They were respectful, peaceful protests. People came in from out of town to counterprotest, and that’s where the clashing and violence came from. I don’t think that any of the violence this summer was at the behest of the Black Lives Matter movement. I think quite the opposite — these events were targeted to skew the optics in the media to basically demonize people of color even further. Thinking about this in contrast to the police response at the Capitol is heartbreaking to me.