Florida S.Ct. Seminole Compact Case Materials

From Indianz:

The Florida Supreme Court will hear oral arguments December 12 on a lawsuit that challenges the ability of Gov. Charlie Crist (R) to sign a Class III gaming compact with the Seminole Tribe.

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All Mission Indian Housing Authority v. Magante

Interesting case where a tribal housing authority brought suit in federal court to evict a resident — they brought suit in federal court because there was no tribal court with jurisdiction. The federal court dismissed the action, recommending the that housing authority talk one its sponsoring tribes start a tribal court.

All Mission Indian Housing Authority Complaint

District Court Order to Show Cause re: Jurisdiction

All Mission Response to Order to Show Cause

District Court’s Amended Order of Dismissal

Ottawa Tribe of Oklahoma v. Speck Materials

Here are materials relating to the Ottawa Tribe of Oklahoma’s attempts to establish hunting and fishing rights to their aboriginal homelands in Ohio.

District Court Opinion Denying Ohio’s Motion to Dismiss

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Alvarado v. Table Mountain Rancheria (9th Cir.) Materials

Yesterday, the Ninth Circuit affirmed the dismissal of claims by a class represented by Pearl Alvarado that they are entitled to membership in the Table Mountain Rancheria. The Ninth Circuit did not address the tribe’s claim of sovereign immunity, but instead ruled that the plaintiffs failed to establish subject matter jurisdiction.

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Western Shoshone Suit Against the US

The Western Shoshone National Council is attempting to reopen the land claims case resulting in United States v. Dann under Rule 60(b). The Court of Federal Claims dismissed the action (here is the opinion) and now it is before the Federal Circuit. Here are the briefs, including the parallel briefs of the groups known in the briefs as the South Fork Band:

Western Shoshone Opening Brief

South Fork Band Opening Brief

United States Response Brief

Western Shoshone Reply Brief

South Fork Band Reply Brief

US v. Washington — Culverts Materials

In August, Judge Martinez granted the Stevens treaty tribes’ motion for summary judgment in the culvert subproceeding. Here are some of those materials:

Tribal Motion for Summary Judgment

State Motion for Summary Judgment

District Court Opinion

Challenge to EPA’s Mercury Rule — New Jersey v. EPA (CADC)

The D.C. Circuit will hear oral argument in the challenge to EPA’s regulations applying to coal-fired plants, New Jersey v. EPA, on December 6, 2007. The panel includes Judges Rogers, Tatel, and Brown. The order on oral argument is here: D.C Circuit Order

Selected briefs are included below:

State Governments Opening Brief

Environmental Groups Opening Brief

Treaty Tribes Opening Brief

EPA Brief

Brief of States Supporting EPA

State Government Reply Brief

Environmental Groups Reply Brief

Treaty Tribes Reply Brief

Oklahoma Sovereign Immunity Case

This one is called Murphy v. Kickapoo and is out of the Western District of Oklahoma. It exemplifies the current problem of tribal sovereign immunity litigation — i.e., courts desperately trying to find a waiver or some reason why tribal immunity does not bar the suit, in plain opposition and conflict to clear Supreme Court precedent (Kiowa Tribe).

Kickapoo Motion to Dismiss

Opposition to Kickapoo Motion

Reply Brief

District Court Opinion

Huron Nottawaseppi Declaration of Reservation

The Department of Interior took the Sackrider parcel into trust and declared it reservation land. Here’s the Federal Register notice.

The DC Circuit’s decision in CETAC v. Kempthorne cleared the way to this decision.  Here are those materials:

DC Circuit Opinion

Tribe’s Brief

Federal Brief

Michigan Amicus Brief

[CETAC’s briefs will be posted when I find them.]