Navajo Prevails in D.C. Circuit over Interior in Judicial Funding Dispute

Here is the opinion in Navajo Nation v. Dept. of the Interior.

An excerpt:

We conclude that the ISDEAA does not require the DOI to approve Navajo Nation’s funding requests for the years 2017 through 2020 but its regulations do. The 2017 proposal requested “the renewal of a term contract” with “no material [or] substantial change to the scope or funding” of the previous contract, see 25 C.F.R. § 900.33, and the 2018 through 2020 proposals are “successor[s]” to and “substantially the same as” the 2017 proposal, see id. § 900.32. The DOI therefore violated 25 C.F.R. §§ 900.32 and 900.33 when it considered the section 5321(a)(2) declination criteria and partially declined the Tribe’s proposed AFAs. Accordingly, we reverse the district court.

Briefs here.

Lower court materials here.

Parties Renew Motions for Summary Judgment in Sault Tribe Bid for Detroit-Area Casino

Here are the new materials in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (formerly Bernhardt, Zinke, etc.) (D.D.C.):

Time to rumble.

103 Federal Reply

104 Tribes Reply

This case is on remand from the D.C. Circuit.

Opening D.C. Circuit Briefs in Seminole Compact Case

Here are the opening briefs in West Flagler Associates Ltd. v. Haaland:

Lower court materials here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Prior post here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Prior post here.

D.C. Federal Court Rejects Prairie Band/Miccosukee CARES Act Formula Challenge

Here are the materials in Shawnee Tribe v. Yellen (D.D.C.):

65 Tribes Motion for PI

70 Tribes Motion for Summary J

71 Opposition to 65

73 Reply in Support of 65

74 DCT Order Denying Injunction

88 Amended Tribal Motion for Summary J

91 US Cross-Motion for Summary J

93 Tribal Reply in Support of 88

95 Federal Reply in Support of 91

98 DCT Order

Prior post here.

Hmmm. Comparing 1918 federal response to a pandemic — a sternly worded telegram — with 2020 — money, just not enough.