Update in Federal Trespass Action at Makah (U.S. v. Ray)

The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.

Here are the new materials in United States v. Ray (W.D. Wash.):

DCT Order Granting Partial Summary J

US Motion for Partial Summary J

US Motion to Lift Stay

And the Makah tribal court materials:

Makah Tribal Court Order

US Petition for Determination of Makah Tribal Law

The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.

The underlying complaint is here.

Federal Govt. Effort to Enforce Trespass Law on Makah Allotment Sent to Tribal Court

Here are the materials in United States v. Ray (W.D. Wash.):

Ray Motion to Dismiss

US Opposition & Motion to Dismiss

Ray Reply

DCT Order Staying Ray Case

Navajo Allottees’ Trespass Suit against Federal Government and Public Utilities Fails

Here is the lengthy opinion in Begay v. Public Service Co. of New Mexico et al. (D. N.M.): Begay DCT Order

An excerpt:

Because the claims against the Federal Defendants are not ripe for review and because the Plaintiffs lack standing to bring this action individually or as a class, the Court will grant the Federal Defendants’ motion to dismiss. Because the Plaintiffs fail to allege a claim upon which relief can be granted under their constructive trust theory, the Court will grant El Paso Corporation’s motion to dismiss pursuant to rule 12(b)(6). Because the Federal Energy Regulatory Commission (“FERC”) has exclusive jurisdiction over claims involving interstate gas line pipelines, the Court will also grant Transwestern Pipeline Company, LLC’s motion to dismiss regarding ejectment, removal of pipeline and trespass. Accordingly, the Court will dismiss Plaintiffs’ Complaint without prejudice.