Ongoing Litigation Regarding Uranium Mining around the Grand Canyon

Information can be found here and here.

Motion to Intervene

Challenge to Federal Prosecution under Double Jeopardy Clause Fails

Here is the opinion in United States v. Gatewood (D. Ariz.):

DCT Order Denying Gatewood Motion to Dismiss

An excerpt:

Defendant argues that because the Tribe receives federal funding, regulatory oversight, and law enforcement assistance from the BIA, “it no longer makes sense to maintain the fiction that federal and tribal governments are so separate in their interests that the dual sovereignty doctrine is universally needed to protect one from the other.” (Doc. 137 at 7). Defendant further contends that this cooperation transforms the Tribe from a “dependant sovereign power” into a “political subdivision” of the federal government. Id. at 6.

Although the financial and regulatory relationship between tribal authorities and the federal government may be significant, this mutual cooperation does not create a “de facto divestiture of tribal sovereignty” or rise to the level of collusion necessary to meet the Bartkus exception.

And:

Defendant also claims that “Agent Hawkins assisted the White Mountain Apache Tribal Prosecutor John Major in securing information about the case,” citing activities by Agent Hawkins such as faxing Defendant’s criminal history to the White Mountain Apache Tribal Prosecutor’s Office and his presence at nearly all investigation and interviews after being notified of the allegations. (Doc. 137 at 2). Mere assistance and the sharing of records,  however, is insufficient proof of manipulation or undue coercion by federal authorities. Since Defendant has not provided the Court with specific allegations of coercion or collusion that would justify an evidentiary hearing, Defendant’s request for a hearing is denied.

Hopi Tribe Moves to Dismiss Dish Network Effort to Avoid Tribal Jurisdiction

Here is the motion in Dish Network v. Tewa (D. Ariz.):

Hopi Motion to Dismiss

The complaint is here.

Navajo Loses $4M Claim in Eviction of Bankrupt Company from Oil Fields

Here are the materials in Krystal Energy Co. v. Navajo Nation (D. Ariz.):

Bkrcy Ct Recommendation

Navajo Objections

Krystal Response

Navajo Reply

DCt Order Affirming Bkrcy Award

Dish Network Sues Hopi Revenue Agency to Avoid Business Registration/Tribal Court Jurisdiction

Here:

Dish Network Complaint

Window Rock School District Sues to Enjoin Navajo Labor Commission Actions

Here is the complaint.

Here are the materials in a similar case, Red Mesa USD v. Yellowhair, decided in 2010.

Ninth Circuit Briefing in State Eminent Domain Case against Tohono O’odham Nation

Here are the materials in Tohono O’Odham Nation v. City of Glendale:

Arizona & Glendale Brief

TON Principal Brief

Arizona & Glendale Reply

TON Reply

Lower court materials are here.

Federal Court Denies Injunction in Desert Eagle Delisting Challenge

Here are the materials in Center for Biological Diversity v. Salazar (D. Ariz.):

DCT Order Denying Injunction on Desert Eagle Delisting

San Carlos Apache Brief

Interior Brief

CBD Brief

Federal Court Dismisses FTCA Claim against White Mountain Apache and BIA Police Officers

Here are the materials in Dupris v. McDonald (D. Ariz.):

DCT Order Dismissing Dupris Complaint

BIA Motion to Dismiss Complaint

US Motion to Dismiss Complaint

Dupris Motion for Partial Summary J

US Response to Motion for Partial Summary J

EXC v. Jensen — Nonmember Challenge to Navajo Court Jurisdiction in Tort Case

Here are the materials in EXC, Inc. v. Jensen (D. Ariz.). This is a federal appeal to a Navajo Nation Supreme Court decision affirming jurisdiction over the nonmember company (we posted those materials here).

DCT Order in EXC (denying motion to dismiss)

Jensen Motion to Dismiss

Jensen Motion to Extend Time

Navajo Court Defendants Concurrence in Motion to Dismiss

EXC Response

Jensen Reply in Support of Motion to Dismiss

Jensen Reply in Support of Motion to Extend Time