I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

Prior post on the D.C. Circuit decision from which this case is on remand here.

Briefs:

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.

Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

Here is the petition in Stand Up for California! v. Dept. of the Interior:

SUFC! Petition

Question presented:

Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Lower court materials here.

Hawkins v. Haaland Cert Petition [tribal management of Klamath River]

Here:

Cert Petition

Question presented:

Does the federal government possess final decision-making authority over the management of water rights held in trust for an Indian tribe?

Lower court materials here.

UPDATE:

Oregon Farm Bureau Amicus

Brief in Opposition

Cert stage Reply

Dakota Access LLC v. Standing Rock Sioux Tribe Cert Petition [Updated with additional cert stage briefs]

Here:

Cert Petition

Questions presented:

  1. Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also “resolve” those criticisms to the court’s satisfaction to justify a finding of no significant impact; and
  2. Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

Federal BIO

Tribal BIO

Reply

D.C. Circuit Reverses Indirect Costs Judgment that Favored Cook Inlet Tribal Council

Here are the materials in Cook Inlet Tribal Council v. Dotomain:

D.C. Circuit opinion

Federal Brief

Tribe Brief

Reply

Lower court materials here.