Redding Rancheria Prevails in Reimbursement Dispute with Indian Health Service

Here are the materials in Redding Rancheria v. Hargan (D.D.C.):

31-1 US Motion for Summary Judgment

34-1 Rancheria Motion for Summary Judgment

35 Rancheria Response to 31

36-2 Alaska Health Board Amicus Brief

37 US Reply

42 US Response to Amici

60 DCT Order

Federal Court Rules Cherokee Freedmen Retain Treaty Rights

Here is the opinion in Cherokee Nation v. Nash (D.D.C.).

More details tomorrow.

An excerpt:

The Court finds it confounding that the Cherokee Nation historically had no qualms about regarding freedmen as Cherokee “property” yet continues, even after 150 years, to balk when confronted with the legal imperative to treat them as Cherokee people. While the Cherokee Nation might persist in its design to perpetuate a moral injustice, this Court will not be complicit in the perpetuation of a legal injustice.  

Briefs here. Case tag here.

Federal Court Dismisses as Moot Lumbee Member Challenge to BIA Indian Preference Interpretation

Here are the materials in Nakai v. Zinke (D.D.C.):

1 Complaint

8 Answer

13 Motion to Dismiss as Moot

13-2 M-37040 Opinion

14 Response

19 Reply

24 DCT Order

Federal Court Orders Environmental Review of DAPL

Here is the opinion and order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

Federal Court Denies Injunction in Mdewakanton Sioux Indians of Minnesota Federal Recognition Suit

Here are the materials so far in Mdewakanton Sioux Indians of Minnesota v. Zinke (D.D.C.):

1 Complaint

10 US Motion to Dismiss

13 Response

14 Reply

17 Motion for TRO

18 US Response

19 Reply

21 DCT Order Denying TRO

Federal Court Holds Contraband Cigarettes Trafficking Act Requirements Apply to Tribal Corporations

Here are the materials in Ho-Chunk Inc. v. Sessions (D.D.C.):

7 US Motion for Summary J

11-3 HCI Cross Motion

14 US Reply

16 HCI Reply

17 HCI Supplemental Brief

18 US Response to 17

20 HCI Reply in Support of 17

21 DCT Order

An excerpt:

Plaintiffs, tribal-owned corporations engaged in the distribution of cigarettes, seek a declaration clarifying whether certain recordkeeping requirements of the Contraband Cigarettes Trafficking Act apply to Indian tribal entities like them. The Court concludes that the relevant requirements do so apply, and will therefore grant summary judgment for Defendants.

Updated Standing Rock/NoDAPL Pleadings (March 21-May 11) [Update: thru May 17]

Here are updated pleadings in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

194 DAPL Reply re Vance Resp to Ct Order

195 SRST Opp to ACOE & DAPL Mtns for Partial Sum Judg

198 Consol Reply to Motion to Amend Complaint

198 CRST Motion to Extend Time

200 SRST Reply to Motion to Amend Complaint

201 ACOE Reply in Support of Mtn Partial Summ Judg re SRST

203 DAPL Reply in Support of ACOE Cross-Mtn for Partial Summ Judgment

205 Opinion re DAPL Mtn for Protective Order

205 Order re DAPL Mtn for Protective Order

207 CRST Reply in Support of MPSJ & Opp Cross-Mtns

208 CRST Reply in Supp of MPSJ & Opp Cross-Mtns209 Joint Appendix

212 Errata-Joint Appendix

213 DAPL Reply in Support of Mtn for Partial Summary Judgment

214 ACOE Repl Supp Mtn PSJ

216 DAPL Motion to Compel

216-1 DAPL Memorandum in Support of Motion to Compel

217 ACOE Answer

218 Joint Appendix

219 SRST Response to Motion to Compel

220 Intervenor Motion to Supplement the Record

221 Notice of Addition of Documents to the Record

222 Oglala Opp to Mtn to Compel

223 ACOE Resp to Mtn to Compel

224 ACOE Motion to Extend Time

225 DAPL Reply in Support of Motion to Compel

225-1 Debold Dec

226 DAPL Unopp Mtn to Intervene

226-1 Proposed Responsive Pleading

226-2 Answer

Navajo Sues Interior over FY2017 Judicial Contract

Here is the complaint in Navajo Nation v. Dept. of Interior (D.D.C.):

Complaint

An excerpt:

Plaintiff Navajo Nation (“Nation”) seeks relief for Defendants’ violations of the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. § 5301 et seq. (“ISDEAA”), and regulations promulgated thereunder, and for Defendants’ breach of a self-determination contract made under the ISDEAA. Under the ISDEAA and governing regulations, Defendants may not decline an Indian tribe’s renewal proposal for a self-determination contract, or contract funding, if it is substantially the same as the prior contract. The Nation submitted a renewal proposal to the Department of the Interior (“Department”) for their contract covering operations of the Navajo Nation Judicial Branch that proposed funding in the amount of $17,055,477 for calendar year (“CY”) 2017. This was the same amount that the Nation sought for CY 2016 and was essentially the same amount that the Nation had previously sought for CY 2014 and CY 2015 ($17,055,517) and which had been approved by operation of law because of Defendants’ failure to decline the Nation’sCY 2014 funding proposal within the 90-day review period established by law. Nonetheless, Defendants partially declined the Nation’s renewal proposal for all funding in excess of $1,429,177.00 for CY 2017. Because Defendants’ action violates the ISDEAA and applicable regulations, the Nation is entitled to declaratory and injunctive relief and damages.

D.C. Circuit Briefs in Amador County v. Dept. of Interior

Here:

Amador County Opening Brief

DOI Answer Brief

Reply

Lower court materials in Amador County v. Jewell (D.D.C.):

76-1 Amador County Motion

77 US Motion

81 Amador County Response

83 US Reply

84 DCT Order

Navajo Sues Interior over Judiciary Funding

Here is the complaint in Navajo Nation v. United States (D.D.C.):

1 Complaint