Sherry Treppa Op/Ed on the BIA and Tribal Membership Decisions

Here.

Federal Court Declines to Dismiss City of Duluth v. NIGC on Standing Grounds

Here is the opinion in City of Duluth v. National Indian Gaming Commission (D. D.C.):

DCT order Denying NIGC Motion to Dismiss

Briefs are here:

Federal Motion to Dismiss

Duluth Opposition

Federal Reply

Complaint here.

Federal Court Remands Cal. Valley Miwok Membership Issues to BIA

Here are the materials in California Valley Miwok Tribe v. Jewell (D. D.C.):

56 Federal Motion for Summary J

83 Intervenor CVMT Response to US Motion

86 Plaintiff CVMT Reply

87 DCT Order Denying Motion for Reconsideration

88 DCT Order on Cross-Motions for Summary J

An excerpt:

For the reasons discussed below, this Court concludes that the Assistant Secretary erred when he assumed that the Tribe’s membership is limited to five individuals and further assumed that the Tribe is governed by a duly constituted tribal council, thereby ignoring multiple administrative and court decisions that express concern about the nature of the Tribe’s governance. Therefore, the Court will grant Plaintiffs’ motion for summary judgment in so far as it seeks remand of the August 2011 Decision and deny the Federal Defendants’ cross motion for summary judgment.

Prior posts are here, here, and here.

More Complaints against Indian Health Service over Contract Support Costs

Here:

Seldovia Village Tribe v. US

Suquamish Indian Tribe v. US

New Contract Support Costs Claims against Indian Health Service

Here:

Grand Ronde Complaint

Shoshone-Bannock Complaint

Riverside-San Bernardino County Indian Health, Inc. v. Sebelius Complaint

Riverside-San Bernardino County Indian Health, Inc.v. Sebelius complaint (D. D.C.):

Complaint

D.C. Circuit Briefing in Menominee Tribe v. United States (IHS)

Here:

Menominee Opening Brief 2013

IHS Brief

Menominee Reply Brief

Lower court materials here.

Prior D.C. Circuit case materials here.

Quantum Entertainment Ltd. v. Dept. of Interior Cert Petition — “Old” Section 81 Appeal

Here:

Quantum Entertainment Cert Petition

Question presented:

Whether the court of appeals erred in holding that Landgraf v. USI Film Products, 511 U.S. 244 (1994), implicitly overruled McNair v. Knott, 302 U.S. 369 (1937), and Ewell v. Daggs, 108 U.S. 143 (1883), by requiring the conclusion that a statute eliminating legal impediments to the enforcement of contracts has an impermissible “retroactive effect” when applied to a contract that was entered into before the statute’s enactment but performed without complaint until afterwards.

Lower court materials here.

Federal Court Dismisses Treaty Rights Effort to Invalidate Repossession of Vehicle

Here are the materials in Trazell v. Wilmers (D. D.C.):

1 Complaint

14 Motion to Dismiss

17 Trazell Motion for Summary J

25 DCT Order

D.C. Circuit Briefs in Jicarilla Royalty Dispute with Interior and Merit Energy

Here are the briefs in Jicarilla Apache Nation v. Dept. of Interior:

Jicarilla Brief

Federal Brief

Merit Energy Brief

Jicarilla Reply

Lower court materials here.