Here is the opinion in State of Wyoming v. Zinke.
Tenth Circuit Dismisses Challenge to Hydraulic Fracking Rule as Unripe
Here is the opinion in State of Wyoming v. Zinke.
Bureau of Land Management
Tell Them Chaco Canyon is not For Sale (Scoping Meetings This Week)
Here:
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.
Briefs:
Backcountry Against Dumps Opening Brief
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):
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.
Federal Court Declines to Block Solar Project affecting CRIT Sacred Sites
Here are the materials in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
We posted the complaint here.
Colorado River Indian Tribes Sue Interior over Modified Blythe Solar Power Project
Here is the complaint in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
An excerpt:
This complaint challenges the actions of Defendants U.S. Department of Interior, U.S. Bureau of Land Management, and their officials (collectively, “BLM” or “Defendants”) in approving the Modified Blythe Solar Power Project (“Blythe II” or “Project”), a utility-scale solar energy generation facility slated for development on federal land northwest of Blythe, California. As set forth below, this Court has jurisdiction over this action because it presents questions of federal law, involves federal defendants, and involves a federally recognized Indian tribe as plaintiff in a suit against federal defendants. 28 U.S.C. §§ 1331, 1361, 1362.
The Project site is located within the ancestral homelands of the members of the Colorado River Indian Tribes (“CRIT” or “Tribes”), whose reservation begins just a few miles northeast of the site. The religion and culture of CRIT’s members are strongly connected to the physical environment of the area, including the ancient trails, petroglyphs, grindstones, hammerstones, and other cultural resources known to exist there. The removal or destruction of these artifacts and the development of the Project as planned will cause CRIT, its government, and its members irreparable harm.
Summary Judgment Materials in Bivens Action by Estatet of Deceased Indian Graverobber
Here are the materials in Estate of Redd v. Love (D. Utah):
An excerpt:
This case arises following the tragic suicide of Dr. James D. Redd after his arrest for trafficking in stolen Native American artifacts, theft of government property, and theft of tribal property. The Estate of Dr. Redd brings this Bivens action against Bureau of Land Management (BLM) Agents Daniel Love and Dan Barnes. The Estate of Dr. Redd asserts that Agent Love and Agent Barnes violated Dr. Redd’s constitutional rights [2] by: (1) providing false information to obtain a warrant for Dr. Redd’s arrest and authorizing a search of his home; (2) using the illegally obtained search warrant to search Dr. Redd’s home; (3) using excessive force against Dr. Redd primarily by sending approximately 140 agents, many of whom were heavily armed and clothed in flak jackets, to raid and search Dr. Redd’s home; (4) violating Dr. Redd’s equal protection rights; and (5) violating Dr. Redd’s right to due process.
Defendants move to dismiss, arguing qualified immunity shields them from Dr. Redd’s claims. After careful consideration and for the reasons stated below, the court finds that Agent Love and Agent Barnes are entitled to qualified immunity on Plaintiffs’ first, second, fourth, and fifth causes of action because Dr. Redd has failed to allege enough facts to state a claim for relief that is plausible on its face. But, the court finds that Dr. Redd has pleaded facts that, if true, are sufficient to show that officials violated Dr. Redd’s clearly established constitutional right of protection against excessive force when Defendants employed between about 80 to 140 agents to raid and search Dr. Redd’s home.
And:
In January 1996, the Redds visited and collected Native American artifacts from an area they believed to be privately owned. Unbeknownst to the Redds, the BLM map they relied on was inaccurately drawn. The Redds were, in fact, collecting Native American artifacts from Cottonwood Wash, a Hopi ancestral burial ground. The Redds were arrested and charged with desecration of a human body. The arrest ultimately resulted in Mrs. Redd entering an Alford Plea in which she admitted no criminal conduct, and agreed to pay $10,000 to settle a civil suit related to the act. The state dropped all charges against Dr. Redd.
IREHR on Bundy Ranch’s Longterm Potential Impact on Indian Treaty Rights
Here.
An excerpt:
A second lesson from the conflict is the double standard employed by the federal government in enforcing its grazing laws. The treatment of Bundy stands in stark contrast to the human rights violations committed against Carrie and Mary Dann (Mary Dann passed in 2005) by the U.S. government. The Dann sisters, members of the Western Shoshone tribe, grazed cattle on their ancestral lands in what is now central Nevada. In contrast to the Bundy incident, where the federal government had clear jurisdiction over the lands, the Dann sisters exercised reserved rights to use the land under the 1863 Treaty of Ruby Valley – a treaty that ceded no lands to the United States, only granting the U.S. certain access rights to lands. The Indian Claims Commission – created in 1946 to “compensate” tribes for unfairly taken lands (but not return the lands) – decided that U.S. title to Western Shoshone lands had been obtained through gradual encroachment by whites – that is, United State’s title to the land was based on simply taking it!
Goshute Tribes Join Suit against BLM over S. Nevada Water Authority’s Groundwater Mining and Pipeline Project
Here (CTGR SNWA-ROD Lawsuit Press Release 2 19 14 Final):
Confederated Tribes of the Goshute Reservation Join Coalition
Lawsuit against BLM’s Authorization of the Southern Nevada Water Authority’s Massive Groundwater Mining and Pipeline Project
Ibapah, Utah – The Confederated Tribes of the Goshute Reservation (CTGR) joined the Great Basin Water Network’s recent lawsuit against the Bureau of Land Management (BLM) and Department of Interior (DOI) last week. The lawsuit challenges BLM’s decision to grant a right-of-way for a water pipeline that would destroy irreplaceable cultural and natural resources.
“We cannot look the other way when the future of our people and homelands are in the hands of those who have their priorities mixed up,” stated CTGR Tribal Chairperson Madeline Greymountain.
“The federal government has failed in its trust responsibility, therefore CTGR has no recourse but to file suit against BLM for failure to protect our interests, which is a legal and moral obligation of the highest fiduciary standard.”
Bishop Colony’s Stolen Petroglyphs Recovered
Here.
We posted about this a few months back.
Turtle Talk 
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