Eighth Circuit Briefs in Mandan, Hidatsa, and Arikara Nation v. Dept. of the Interior [opposition to Trump-era approval of non-Indian mining on shores of Lake Sakakawea]


Lower court materials here.

Screen shot from “Before and After the Flood: Property and Sovereignty at Fort Berthold.

Briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior [federal approval of drilling at Fort Berthold] [updated 12/22/21]

Here are the updated briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.N.D.):

75 MHA Nation MSJ

80 Slawson MSJ

81 Interior MSJ

87 MHA Nation Reply

Update (12/22/21):

88 Slawson Reply

89 Interior Reply

92 Magistrate Report

105 Status Report

108 DCT Order Denying Stay

109 Objections

Prior post here.

D.C. District Court Transfers MHA Nation Suit against BLM Drilling Permit Approvals to North Dakota

Here are the materials in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.D.C.):

1 Complaint

10 Slawson Motion to Intervene

17 DCT Order Granting 10

18 Slawson Motion to Transfer Case to DND

23 DOI Joinder to 18

27 MHA Nation Opposition to 18

30 Reply in Support of 18

31 DOI Reply in Support of 18

33 DCT Order Granting Motion to Transfer

Oglala Sioux Tribe Resolution Demanding BLM Consultation re: Converse County Oil and Gas Project (Wyo.)


1980_001 (2) (1)

The tribe’s press release:


UPDATE (4/11/2018):



Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

Here is the opinion in Protect Our Communities v. Jewell.

From the syllabus:

The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.


POC Opening Brief

Backcountry Against Dumps Opening Brief

Answer Brief

POC Reply

Related lower court materials here.


Federal Court Grants Federal Officer Summary Judgment in Excessive Force Suit brought by Deceased Alleged Indian Graverobber

Here are the materials in Estate of Redd v. Love (D. Utah):

93 Love Motion for Summary J

102 Estate Opposition

115 Reply

120 DCT Order

An excerpt:

This case arises out of Dr. James D. Redd’s tragic suicide the day after federal agents arrested him and his wife for trafficking in stolen Native American artifacts, theft of government property, and theft of tribal property. Dr. Redd’s Estate brought this Bivens action against Bureau of Land Management Agent Daniel Love. The Estate claims Agent Love violated Dr. Redd’s Fourth Amendment right to be free from the use of excessive force when Agent Love sent over fifty-three federal agents, many of whom were heavily armed and wearing bulletproof vests, to raid and search Dr. Redd’s home.

Agent Love moves for summary judgment, arguing qualified immunity shields him from the Estate’s claim. After careful consideration, the court grants Agent Love’s motion.

The estate previously survived a federal summary judgment motion, and those materials are here.