D.C. Circuit

D.C. Circuit Decides Red Lake Band of Chippewa Indians v. HHS

Matthew L.M. Fletcher

Here is the opinion in Red Lake Band of Chippewa Indians v. Dept. of Health and Human Services.

Briefs:

Red Lake Brief

US Answer Brief

Reply

Lower court materials here.

D.C. Circuit Briefs in California Miwok Tribe v. Burgum

Matthew L.M. Fletcher

Here:

Opening Brief

Answer Brief

Reply

Lower court materials here.

D.C. Circuit Briefs in Narragansett Challenge to Providence Bridge

Matthew L.M. Fletcher

Here are the briefs in Narragansett Indian Tribe v. White:

Narrangansett Opening Brief

USET Amicus Brief

Lower court materials here.

D.C. Circuit Briefs in Hill v. DOI [Challenge to Crow Water Rights Settlement]

Matthew L.M. Fletcher

Here:

Hill Opening Brief

Federal Answer Brief

Lower court materials here.

D.C. Circuit Rejects Federal Recognition of “Pilchuk Nation”

Matthew L.M. Fletcher

Here are the materials in Kanam v. Bureau of Indian Affairs:

Order

Kanam Opening Brief

Answer Brief

Reply

Sault Tribe En Banc Petition in Trust Land Acquisition Case

Matthew L.M. Fletcher

Here is the petition in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland:

en-banc-petitionDownload

Panel stage materials here.

Saint Mary’s [i.e. Sault Sainte Marie] Canal celebration, reviewing stand and Indian village

Split D.C. Circuit Rules against Sault Tribe in Mandatory Trust Acquisition Appeal [“shall” does not mean “shall”]

Matthew L.M. Fletcher

Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland.

Briefs here.

For commentary on legal analysis by reading the dictionary, see Joseph Kimball’s work on the Michigan Supreme Court’s use of dictionaries.

National Archives

Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

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