South Dakota SCT Affirms Dismissal of State Court Action against Marty Indian School

Here is the opinion in Stathis v. Marty Indian School:

stathis-v-marty-indian-school.pdf

Federal Court Rejects Rule 19 Motion by Guidiville Rancheria

Here are the materials in Sprawldef v. City of Richmond (N.D. Cal.):

1-notice-of-removal.pdf

1-1-complaint.pdf

45-guidiville-rancheria-mtd.pdf

53-opposition.pdf

55-reply.pdf

58-dct-order.pdf

Federal Judge Issues Final Judgment for Town of Aquinnah on Remand from First Circuit

Here are the materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

181 Town Motion for Final Judgment

183 Community Assn Motion

185 Tribe Opposition

196 Tribe Surreply

197 Community Assn Reply

198 State Brief

200 DCT Order

Readers might recall that the circuit instructed the district court to “ent[er] judgment in favor of the Tribe” (link to panel materials here). Here is the district court’s answer to that order:

In summary, the Tribe could have appealed those portions of the judgment that provided that it must comply with state and local permitting and other regulatory  requirements. Instead, it only appealed those portions addressing gaming issues. An amended final judgment in favor of the Tribe as to the gaming issues is of course required. The remainder of the judgment, however, will be reinstated in substance. If the Tribe seeks to construct and operate a gaming facility, it need not comply with state and local gaming laws, but it must comply with all state and local laws and regulations of general applicability to the construction and operation of a commercial building.

Follow up NY Times Article on ICWA

Here.

“I think it means a lot to our foster kids that we’re Cherokee,” said Carney Duncan, a gentle, soft-spoken man whose hair falls below his shoulders. “My mom and dad always helped people and took them in. I have an ‘Uncle Joe’ who is no kin but we took him in. And a ‘brother’ who lived with us who is no blood kin. We help our own. It’s a Cherokee value.”

Call for submissions to the Indigenous Peoples’ Journal of Law Culture & Resistance

Here:

IPJLCR Call for Submissions

Florida COA Decides Attorney Fees Dispute in Favor of Miccosukee Tribe

Here is the order in Miccosukee Tribe of Indians v. Lewis Tein PL:

Miccosukee v Lewis Tein

Joy Harjo Named U.S. Poet Laureate

Here

Now Harjo has a chance to offer that medicine to the whole nation. Today she was appointed 23rd Poet Laureate of the United States. As a member of the Muscogee Nation, she will be the first Native American to serve in that honorary position when she begins this fall.

Federal Court Dismisses California Tribes’ Card Rooms Exclusivity Complaint

Here are the materials in Yocha Dehe Wintun Nation v. Newsom (E.D. Cal.):

11-1 California Gaming Assn Motion to Intervene

11-5 Proposed Motion to Dismiss

17-1 State Motion to Dismiss

21 Tribes Opposition to Motion to Intervene

22 State Opposition to Motion to Intervene

23 Proposed Intervenors Reply

26 Tribe Opposition to State Motion to Dismiss

29 DCT Order

Prior post here.

Nooksack Update: Rabang v. Kelly II (9th Cir.); Doucette v. Bernhardt (W.D. Wash))

District court materials (prior post here):

28 Doucette v. Bernhardt 3-7-19 Plaintiffs’ Motion for Summary Judgment

32 Doucette v. Bernhardt 4-18-19 Defendants’ Consolidated Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment and in Support of Defendants’ Cross-Motion for Summary Judgment

33 Doucette v. Bernhardt 5-10-19 Plaintiffs’ Consolidated Reply in Support of Motion for Summary Judgment and in Opposition to Defendants’ Cross-Motion for Summary Judgment

34 Doucette v. Bernhardt 5-31-19 Reply re Defendants’ Cross-Motion for Summary Judgment

Ninth Circuit materials:

35 Rabang v. Kelly II 6-13-19 Stay Order

Federal Claims Court Finds US Breached Investment Duty to Western Shoshone

Here are the materials in Western Shoshone Identifiable Group v. United States (Fed. Cl.):

34 Second Amended Complaint

37 DCT Order Denying Motion to Dismiss

151 Plaintiffs Post Trial Brief

156 US Post Trial Brief

157 Plaintiff Reply

173 DCT Order