Here are the new materials in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):
Prior post here.
D.C. District Court.
Post-Argument Letter Briefing in Yellen v. Chehalis
D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]
Here is the opinion.
An excerpt:
This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.
Briefs here.
D.C. Circuit Rejects Challenge to MHA Nation’s Election
Respondents’ Briefs and Amicus Briefs in Yellen v. Chehalis
Here (the remainder of the briefs are on the Yellen v. Chehalis backgrounds materials page):
Brief of the Confederated Chehalis Tribes
Update in Cherokee Nation Trust Breach Suit [Feds Must Comply with Full Discovery]
Here are the materials in Cherokee Nation v. Dept. of the Interior (D.D.C.):
54-1 Motion to Dismiss Common Law Claims
55-1 Federal Motion for Protective Order
68 Magistrate Report Denying 54
Prior materials here.
D.C. Circuit Rejects Property Owners Challenge to Tribal Regulation of Tribal Water Rights on Klamath River — Incidentally, the First Case Caption with Secretary Haaland’s Name
Yellen v. Confederated Tribes of the Chehalis Reservation Background Materials
Here are the merits briefs:
Brief of Alaska Native Village Corporation Association Inc.
Brief of the Confederated Chehalis Tribes
Alaska Native Village Corporation Association Reply
Post-Argument Letters:
2021.04.23 Chehalis Letter to USSC Clerk of the Court
2021-4-22 ANCs response letter
Confederated Tribes Letter Re Oral Argument Correction 4 20 21 [Ute Tribe/Patterson firm]
Amicus Briefs Supporting Petitioners:
Amicus Brief of Alaska Congressional Delegation
Amicus Brief of Assn of Alaska Housing Authorities
Amicus Brief of Cook Inlet Region Inc.
Amicus Brief of the Alaska Federation of Natives
Amicus Brief of the State of Alaska
Amicus Briefs Supporting Respondents:
Amicus Brief of Bear River Band of Rohnerville Rancheria
Amicus Brief of Tribal Organizations
Cert Stage Briefs
Mnuchin v Chehalis Cert Petition
Alaska Native Corps Cert Petition
Members of Congress Amicus Brief
D.C. Circuit materials:
Alaska Federation of Natives Amicus Brief
Cook Inlet Region Amicus Brief
District Court materials:
Kialegee Tribal Town Sues Interior (again)
Here is the complaint, currently captioned Kialegee Tribal Town v. Bernhardt (D.D.C.):
Prior case, dismissed for lack of ripeness, here.
D.C. Circuit Affirms Order that DAPL Easement is Illegal, but Does Not Require Shutdown of Pipeline
Here is the opinion in Standing Rock Sioux Tribe v. United States Army Corps of Engineers.
An excerpt:
Lake Oahe, created when the United States Army Corps of Engineers flooded thousands of acres of Sioux lands in the Dakotas by constructing the Oahe Dam on the Missouri River, provides several successor tribes of the Great Sioux Nation with water for drinking, industry, and sacred cultural practices. Passing beneath Lake Oahe’s waters, the Dakota Access Pipeline transports crude oil from North Dakota to Illinois. Under the Mineral Leasing Act, 30 U.S.C. § 185, the pipeline could not traverse the federally owned land at the Oahe crossing site without an easement from the Corps. The question presented here is whether the Corps
violated the National Environmental Policy Act, 42 U.S.C. § 4321, by issuing that easement without preparing an environmental impact statement despite substantial criticisms from the Tribes and, if so, what should be done about that failure. We agree with the district court that the Corps acted unlawfully, and we affirm the court’s order vacating the easement while the Corps prepares an environmental impact statement. But we reverse the court’s order to the extent it directed that the pipeline be shut down and emptied of oil.
Briefs here.
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