US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes

Matthew L.M. Fletcher

Here:

US Invitation Brief

Cert stage materials here.

Cal. Law Review Online Roundtable: Responding to “Politics, Indian Law, and the Constitution”

Matthew L.M. Fletcher

The article is here.

SWITCA Reporter Available Online

Monica Williamson

The Southwest Intertribal Court of Appeals (SWITCA) celebrates its 30th Anniversary by announcing that the SWITCA Reporter is available online!

Arizona Tribes’ Amicus Brief in Arizona COA Tribal Taxation Case

Matthew L.M. Fletcher

Here is the brief in South Point Energy Center v. Arizona Department of Revenue (Ariz. Ct. App.):

Tribal Amicus Brief

Related case here.

Federal Claims Court Holds Osage Headright Owners’ Trust Claims Foreclosed by Osage Trust Settlement

Matthew L.M. Fletcher

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

7 US Motion to Dismiss

10 Response

10-5 Jim Gray Declaration

10-7 Wilson Pipestem Declaration

15 US Motion to Strike

16 Reply in Support of 7

17 Response to 15

18 Reply in Support of 15

22 DCT Order

We posted the complaint here.

New Lawsuit to Stop Keystone XL

Matthew L.M. Fletcher

Here is the complaint in Indigenous Environmental Network v. Bureau of Land Management (D. Mont.):

1 Complaint

New Scholarship on Taxing Indian Country Cannabis

Matthew L.M. Fletcher

Mark J. Cowan has posted “Taxing Cannabis on the Reservation,” forthcoming in the American Business Law Journal, on SSRN.

The abstract:

American Indian tribes that enter the cannabis industry confront a multi-sovereign tax system that lacks certainty and horizontal equity. The complex interaction of state legalization and taxation of cannabis, federal tax law, the status of tribes as both governments and business enterprises, and the legal and tax landscape in Indian country can give tribes tax advantages and disadvantages compared to off-reservation cannabis dispensaries. This article analyzes these tax issues, examines them in the context of prior challenges posed by Indian gaming, and suggests reforms that address the tax inequities that can result from cannabis sales on Indian reservations.

Update in Scotts Valley Band of Pomo Indians v. Dept. of the Interior

Matthew L.M. Fletcher

Here are updated materials in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

34 DCt Order on Supplementing Admin Record

37 Yocha Dehe Wintun Nation Motion for Reconsideration

38 Opposition

39 Reply

40 DCT Order Denying Yocha Dehe Wintun Nation Motion

Prior post here.