Central District of California – Page 6

In the absence of a clear directive in the SYB Articles that blood degree of prospective members should be determined based only on the blood degree of an ancestor as listed on the 1940 Census, the Court declines to second guess the Bureau’s reasonable decision to apply SYB law in the same manner in which the Tribe applied it.

Reply Briefs in Agua Caliente Water Rights Case

January 12, 2015Matthew L.M. Fletcher1 Comment

Here are the new materials in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

2015-01-09 – Dkt 104 – US Reply in Support of Phase I Motion for Summary Judgment

2015-01-09 – Dkt 105 – CVWD Reply to Opp by ACBCI to CVWD Phase I Motion for Summary Judgment

2015-01-09 – Dkt 106 – CVWD Reply to Opp vy US to CVWD Phase I Motion for Summary Judgment

2015-01-09 – Dkt 107 – DWA Reply to ACBCI Opposition to DWA Motion for Summary Judgment

2015-01-09 – Dkt 108 – DWA Reply to US Opposition to DWA Motion for Summary Judgment

2015-01-09 – Dkt 109 – ACBCI Reply to DWA Brief in Opp to ACBCI Motions for Summary Judgment on Phase I Issues

2015-01-09 – Dkt 110 – ACBCI Reply to CVWD Brief in Opp to ACBCI Motions for Summary Judgment on Phase I Issues

Response briefs are here.

Opening briefs are here.

Update in Agua Caliente Water Rights Suit — Responsive Pleadings to Cross-Motions for Summary Judgment

December 9, 2014Matthew L.M. Fletcher2 Comments

Here is the latest round of pleadings in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

2014-12-05 – Dkt 092-00 – CVWD Opposition to ACBCI and US Motions for Summary J

2014-12-05 – Dkt 093 – US Opposition to CVWD Motion for Summary Judgment

2014-12-05 – Dkt 094 – US Opposition to DWA Motion for Summary Judgment

2014-12-05 – Dkt 095 – DWA Opposition to ACBCI Motion for Summary Judgment

2014-12-05 – Dkt 096 – DWA Opposition to US Motion for Summary Judgment

2014-12-05 – Dkt 097-00 – ACBCI Opposition to CVWD Motion for Summary Judgment

2014-12-05 – Dkt 098-00 – ACBCI Opposition to DWA Motion for Summary Judgment

Cross-motions are here.

Colorado River Indian Tribes Sue Interior over Modified Blythe Solar Power Project

December 9, 2014Matthew L.M. Fletcher2 Comments

Here is the complaint in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):

1 Complaint

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.