D.C. Circuit – Turtle Talk

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

April 26, 2023Matthew L.M. Fletcher

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

Kanam Opening Brief

Sault Tribe En Banc Petition in Trust Land Acquisition Case

March 23, 2022Matthew L.M. Fletcher

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

en-banc-petition Download

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”]

February 4, 2022February 4, 2022Matthew 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

November 15, 2021Matthew L.M. Fletcher

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

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]

October 14, 2021March 7, 2022Matthew L.M. Fletcher

Here:

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]

September 22, 2021January 6, 2022Matthew L.M. Fletcher

Here:

Questions presented:

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
Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

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

August 24, 2021Matthew L.M. Fletcher

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

D.C. Circuit opinion

Lower court materials here.

D.C. Circuit Rejects Yocha Dehe Wintun Nation Intervention in Scotts Valley Band Pomo Indian Lands Case

July 6, 2021Matthew L.M. Fletcher

Here is the opinion in Yocha Dehe Wintun Nation v. Dept. of the Interior.

Briefs:

Yocha Dehe Brief

Scotts Valley Brief

Lower court materials here.

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

June 25, 2021Matthew L.M. Fletcher

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

Materials here.

Update in Standing Rock/Dakota Access Pipeline

May 24, 2021Matthew L.M. Fletcher

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

Prior post here.