SCOTUS Holds 6-3 that ANCs are “Indian Tribes” Eligible for CARES Act Funding

Here is the opinion in Yellen v. Confederated Tribes of the Chehalis Reservation.

Materials here.

Update in Standing Rock/Dakota Access Pipeline

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

569 Tribe Motion

573 Army Corps Opposition

586 Tribe Reply

607 DCT Order

Prior post here.

Post-Argument Letter Briefing in Yellen v. Chehalis

Here:

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]

US Letter 20-543 20-544

Background materials here.

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

Here is the unpublished opinion in Hudson v. Haaland:

Memorandum Order

Briefs here.

Lower court materials here.

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

Brief of the Ute Tribe

Amicus Brief of Academics

Amicus Brief of Bear River Band of Rohnerville Rancheria

Amicus Brief of Raul Grijalva

Amicus Brief of the States

Amicus Brief of Tribal Organizations

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

57 Cherokee Response to 55

60 Cherokee Response to 54

62 Reply in Support of 55

63 Reply in Support of 54

68 Magistrate Report Denying 54

68 Magistrate Report

70 DCt Order Accepting 68

73 DCT Order Denying 55

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

Here is the opinion in Hawkins v. Haaland.

Briefs:

Opening Brief

Answer Brief

Reply

Lower court materials.

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 United States

Brief of the Confederated Chehalis Tribes

Brief of the Ute Tribe

United States Reply

Alaska Native Village Corporation Association Reply

Chehalis Letter

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]

US Letter 20-543 20-544

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 Academics

Amicus Brief of Bear River Band of Rohnerville Rancheria

Amicus Brief of Raul Grijalva

Amicus Brief of the States

Amicus Brief of Tribal Organizations

Cert Stage Briefs

Mnuchin v Chehalis Cert Petition

Alaska Native Corps Cert Petition

Members of Congress Amicus Brief

State of Alaska Amicus Brief

Chehalis Brief in Opposition

Ute Tribe BIO

Cheyenne River Sioux BIO

ANVCA Reply

Federal Petitioner’s Reply

D.C. Circuit materials:

Opinion

Chehalis et al Brief

Navajo et al Brief

NCAI Brief

ANVCA Brief

US Brief

Alaska Federation of Natives Amicus Brief

Cook Inlet Region Amicus Brief

Chehalis et al Reply

Navajo et al Reply

District Court materials:

1 Complaint

3 Complaint

4 Motion for TRO

5 Motion for TRO

21 US Brief

23 Ahtna Amicus Brief

25 Gila River Amicus Brief

30 Chehalis Reply

36 DCT Order

76-2 CRST MSJ

77 Chehalis MSJ

78-1 Alaska Corps MSJ

79-1 Mnuchin MSJ

81 AFN Brief

82 NCAI Amicus Brief

97 DCT Order

99 Chelahis Motion for Stay Pending Appeal

102 Calista Response

103 Federal Response

104 ANC Response

105 Ahtna Response

106 Chehalis Reply

107 DCT Order on Stay

Kialegee Tribal Town Sues Interior (again)

Here is the complaint, currently captioned Kialegee Tribal Town v. Bernhardt (D.D.C.):

1 Complaint

Prior case, dismissed for lack of ripeness, here.