Here is the complaint in Hopi Tribe et al. v. Trump (D.D.C.):
Update on the parallel suit involving Grand Staircase-Escalante National Monument: Wilderness Society v. Trump is here
NARF Presser on Bears Ears
Here:
President Trump’s action to revoke and replace the Bears Ears National Monument is not only an attack on the five sovereign nations with deep ties to the Bears Ears region, it is a complete violation of the separation of powers enshrined in our Constitution. No president has ever revoked and replaced a national monument before because it is not legal to do so. Only Congress may alter a monument. In light of this blatant violation of law, the Native American Rights Fund, representing the Hopi Tribe, Pueblo of Zuni, and Ute Mountain Ute Tribe filed a lawsuit today to protect Bears Ears.
Five tribes—Hopi Tribe, Navajo Nation, Pueblo of Zuni, Ute Indian Tribe, and Ute Mountain Ute Tribe—led the effort to establish the Bears Ears National Monument, an area still used for cultural and religious purposes. Increased looting of the estimated 100,000 plus structures, sites, and objects within every reach of the monument dictated the need for protections in the form of a monument designation.
According to NARF Staff Attorney Matthew Campbell, “Bears Ears is one of the most important places for Indian Country, and that is why Indian Country came together to advocate for this important place. Trump’s attack on Bears Ears is an attack on all of us, and we will fight to protect it.”
NARF Staff Attorney Natalie Landreth said “The Administration is not telling the truth. The Bears Ears monument as created by President Obama preserved hunting, fishing, gathering and grazing rights, and protected these incredible lands from widespread looting and oil, gas and mineral development.” No matter what the President said today, his action does the opposite: by its own terms, in 60 days the revoked lands are open to “entry, location, selection, sale” and “disposition under all laws relating to mineral and geothermal leasing” and “location, entry and patent under mining laws.” Landreth continued, “this is taking public lands that belong to the American people and selling to the highest bidder, there is just no other way to understand it.”
This latest action follows on the heels of the Administration’s other actions against Tribes: (1) issuing the permit to the Dakota Access Pipeline, (2) issuing the permit to the Keystone XL, and (3) revoking the Executive Order to protect the Bering Sea on April 28th. Tribes vigorously opposed all of these efforts. The Administration uses the term “tribal sovereignty” but clearly does not understand what that means.
Read more about NARF’s work to protect Bears Ears National Monument.
GTB RFPs for ICW and Probate/Estate Planning Attorneys
Links: RFP for Indian Child Welfare Attorneys [PDF], RFP for Probate-Estate Planning Attorneys [PDF]
Deadline for submissions is 5:00 P.M. Thursday, December 14, 2017.
Court Finds Tribes’ Interim Conditions Reasonable and Appropriate
Here is the opinion in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):
Link: Previous posts, other documents related to Dakota Access Pipeline
Indian Civil Rights Complaint Against Wash. State School District
Here is the complaint in the matter of Youckton v. Mary M. Knight School District, et al., 17-cv-05939 (W.D. Wash.):
A Nisqually tribal member who was beaten enough to have his jaw wired shut after his basketball game at the district’s high school is suing for failure to prevent the racially motivated attack.
Ninth Circuit Restores Navajo Nation Trust Breach Claim in Colorado River Water Rights Matter
Here is the opinion in Navajo Nation v. Dept. of the Interior.
An excerpt:
The panel held that the Nation’s breach of trust claim was not barred by sovereign immunity, and remanded to the district court to consider the claim on its merits. The panel held that the broad waiver of sovereign immunity found in § 702 of the Administrative Procedure Act (“APA”) waived sovereign immunity for all non-monetary claims, and § 704 of the APA’s final agency action requirement constrained only actions brought under the APA. The panel concluded that the Nation’s breach of trust claim sought relief other than money damages, and the waiver of sovereign immunity in § 702 applied squarely to the claim.
Lower court materials here.
NYTs: “President Trump Expected to Shrink Bears Ears by as Much as 90 Percent”
Here.
Special Master’s Final Report on Redistricting San Juan County
Here are the materials in the matter of Navajo Nation et al v. San Juan County et al, 12-cv-00039 (D. Utah):
Final Report of Bernard Grofman, Special Master
Link: Previous posts
Indigenous Environmental Network’s Suit Against Keystone XL Will Proceed
Here is the order in the matter of Indigenous Environmental Network v. U.S. Dep’t of State, No. 4:17-cv-00029-BMM (D. Mont.):
Link: Previous posts
Conn. and Tribes Sue Interior For Failure to Publish Gaming Compact Amendments
Here is the complaint in the matter of State of Connecticut et al v. Zinke et al, 17-cv-02564 (D.D.C. Nov. 29, 2017):
Doc. 1 – Civil Cover Sheet and Complaint
With the State of Connecticut, the Mohegan and Mashantucket Pequot Tribes have filed suit against the Secretary of Interior after the Department failed to treat submitted
amendments to their gaming compact as deemed approved and publish in the Federal Register notice that the amendments are deemed approved.
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