Federal Court Holds Buena Vista Rancheria is Beneficiary of Mandatory Trust Acquisition Provision of Hardwick Settlement

Here are the materials in Hardwick v. United States (N.D. Cal.):

364 Motion to Enforce Judgment

381 US Opposition

385 Reply

391 DCT Order

Update (1/27/21):

392 DCT Order Denying Sanctions

D.C. Circuit Affirms Amador County Cannot Challenge IGRA ‘Reservation’ Status of Buena Vista Rancheria

Here is the unpublished opinion in Amador County v. Dept. of Interior:

CADC Unpublished Opinion

Here are the briefs.

D.C. Circuit Briefs in Amador County v. Dept. of Interior

Here:

Amador County Opening Brief

DOI Answer Brief

Reply

Lower court materials in Amador County v. Jewell (D.D.C.):

76-1 Amador County Motion

77 US Motion

81 Amador County Response

83 US Reply

84 DCT Order

Who Won Indian Law and Policy in 2014? First Round Bracket — 1 of 8

Alright, let’s try this.

In category 1, Indian nations, we’ll divide the bracket up into two, so you’ll be voting in four contests here. Four more later in the day. Let’s say you have until midnight eastern to vote.

***

#1 Alaska Native tribes

My overall number one seed, what with Congress repealing the Alaska exceptions from VAWA, Interior adopting a fee to trust rule, a big voting rights win, an important victory for tribal court jurisdiction, and another win on tribal governance matters. And perhaps the biggest is the Supreme Court’s denial of cert in Alaska v. Jewell, the subsistence hunting case. Alaska has Judge Voluck, too. The Alaska Supreme Court has been making things harder on the ICWA front however, here, here, and here, though perhaps the DOJ’s intervention in one case will make a difference, and the government’s effort to set the Alaska AG right is encouraging.

v.

# 16 Buena Vista Rancheria

The Buena Vista Rancheria of Me-Wuk Indians made a splash in federal court this year, winning one in the Supreme Court (well, a denial of cert) and losing one in the D.C. Circuit.

# 8 Omaha Tribe

The Omaha Tribe won a huge victory in the Eighth Circuit, which affirmed Judge Richard “Hercules” Kopf’s decision rejecting Nebraska’s effort to have the tribe’s reservation declared disestablished.

v.

# 9 Kialegee Tribal Town

The tribe won a big decision in the Tenth Circuit over its dispute with Oklahoma on the Broken Arrow Casino. A beneficiary of the massive Bay Mills win in the Supreme Court.

# 4 Cayuga Indian Nation

Cayuga won a big sovereign immunity decision in the Second Circuit, another beneficiary of the Bay Mills win in the Supreme Court. It wasn’t all pretty though, as tribal leadership disputes spill out in federal and state forums.

v.

# 13 Big Lagoon Rancheria

One of the few tribes to make the list by not really winning anything in 2014; in fact, losing a biggie in the Ninth Circuit. But the court granted en banc review, and oral argument looked pretty good for tribal interests. We’ll see.

# 5 Resource tribes

Well, Interior announced that resource extraction royalties they collected reached over $1 Billion in a single year for the first time. But fracking is bad for the environment, the MHA Nation is overrun with corruption and human trafficking, and oil prices are down 33 percent. Hope they’re saving their money. Oh wait, they’re not. I guess this one is really about the MHA Nation, so let’s make that change now.

The real # 5, MHA Nation

v.

# 12 Sault Ste. Marie Tribe of Chippewa Indians

Perhaps the most immediate beneficiary of the Bay Mills win in the Supreme Court, which persuaded the State of Michigan to seek another route to fighting Sault Tribe’s Lansing casino proposal. But not before Sault Tribe proposed two huge off-reservation casinos. Oh yeah, they won a $74 million contract case, too. Pretty good year. Ok, that persuades me, Sault Tribe’s seeding just jumped from 12 to 2 and knocks down BMIC, who actually won a SCT case this year.

The real # 12, Oneida Indian Tribe of Wisconsin

They earned a huge cert denial in their long-running fight with the Village of Hobart. And they filed an important amicus brief in the Stockbridge-Munsee cert petition.

D.C. Circuit Rejects Bid by Buena Vista Rancheria to Intervene in Challenge to Trust Acquisition

Here is the opinion in Amador County v. Dept. of Interior.

An excerpt:

In 2005, Amador County, California brought suit against the Department of Interior challenging the Secretary’s approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians (the “Tribe”) and the State of California. After nearly six-and-a-half years of litigation, the Tribe sought to intervene for the limited purpose of moving to dismiss the amended complaint under Federal Rule of Civil Procedure 19. The district court denied the motion as untimely, and this appeal followed. Because we conclude that the district court did not abuse its discretion, we affirm.

Briefs and lower court materials here.

Supreme Court Denies Cert in Friends of Amador County v. Jewell

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

Here:

Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Friends of Amador County v. Jewell Cert Stage Briefs

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Buena Vista Rancheria Cert Opposition Brief

Here:

Buena Vista Rancheria Opposition

The United States has waived its right to respond.

The cert petition is here.

Friends of Amador County v. Jewell Cert Petition

Here:

FAC Cert Petition FILED

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.