Federal Court Orders Tribal Exhaustion in Employment Discrimination Case [Chippewa Cree Tribe]

Here are the materials in Walker v. Windy Boy (D. Mont.):

1 Complaint

10 Motion to Dismiss

20 Response

25 Reply

32 DCT Order

Amended Complaint in Keystone XL Challenge

Here is the pleading in Rosebud Sioux Tribe v. Trump (D. Mont.):

Doc. 51-1 Proposed Amended Complaint

Other Keystone XL posts here.

Yellowstone Bison Environmental Suit Dismissed

Here are the materials in Cottonwood Environmental Law Center v. Bernhardt (D. Mont.):

33 Motion to File Second Amended Complaint + Proposed Complaint

36 State Response to 33

38 Federal Response to 33

39 Reply in Support of 33

45 DCT Order Granting 33

48 Federal Motion to Dismiss

50 State Motion to Dismiss

53 Plaintiff Motion to Stay

54 Response to 48 and 50

57 Federal Reply in Support of 48

58 State Reply in Support of 50

62 Reply in Support of 53

81 DCt Order

Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

110 SKC Motion to Certify

112 Individual Defendants MTD

115 Response to 110

116 Response to 112

117 Reply in Support of 110

118 Reply in Support of 112

121 DCT Order

UPDATE: 129 Amended DCT Order

Prior posts here and here.

Federal Court Materials in Dispute over Crow Nation Bank Accounts [arising from leadership dispute]

Here are the materials in First Interstate BancSystem Inc. v. Not Afraid (D. Mont.):

1 Complaint

14 DCT Order

15 Motion to Quash

15-1 Affidavit

18 Second Motion to Quash

18-1 affidavit

Federal Court Rejects Individual Blackfeet Members’ Objection to Water Compact

Here are the materials in Enrolled Members of the Blackfeet Tribe v. Crowe (D. Mont.):

1 Pro Se Complaint

20 US Motion to Dismiss

29 Motion to File Amended Complaint

33 US 2d Motion to Dismiss

43 Magistrate Findings

47 Many Hides Objection

48 Ingram Objection

50 US Reply

51 Olson Objection

52 US Reply to 51

53 DCT Order

Federal Court Dismisses Tort Claim against Crow Health Care Center

Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.):

29 Motion to Dismiss – sovereign immunity

30 Response

33 Reply

35 Motion to Dismiss – FTCA

38 Response

39 DCT Order

Prior post here.

Federal Court Holds Nonmember Exhausted Tribal Remedies when Tribal Appellate Court Decided Jurisdiction Issues, but Not Merits

Here are the materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.):

1 Complaint

1-4 Absolooke Appeals Court Opinion Part 1

1-5 Absolooke Appeals Court Opinion Part 2

1-7 Crow Tribal Court Opinion

1-9 Motion for Summary Judgment

1-10 Defendant Opposition

1-11 Appellant Brief

1-12 Appellee Brief

32 Big Man Motion to Dismiss

34 Tribal Motion to Dismiss

39 Response

44 Big Man Reply

45 Tribal Reply

48 Magistrate Report

50 Big Horn Objections

53 Big Man Response

54 Tribal Response

55 DCT Order Rejecting Magistrate Report

Tribes Sue over Keystone XL Pipeline



The Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) in coordination with their counsel, the Native American Rights Fund, on September 10, 2018, sued the Trump Administration in the U.S. District Court for the District of Montana, Great Falls Division, for numerous violations of the law in the Keystone XL pipeline permitting process. The Tribes are asking the court to declare the review process in violation of the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA) and to rescind the illegal issuance of the Keystone XL pipeline presidential permit.

On March 23, 2017, the U.S. Department of State granted TransCanada’s permit application and issued it a presidential permit to construct and operate the Keystone XL Pipeline. This decision reversed two previous administrative decisions and was done without any public comment or environmental analysis. The permitting process was completed only 56 days after TransCanada submitted its application for the third time. The State Department provided no explanation in the 2017 decision for its contradictory factual finding; instead, it simply disregarded its previous factual findings and replaced them with a new one. The reversal came as no surprise. According to a 2015 personal public financial disclosure report filed with the Federal Election Commission, then-candidate Trump held between $250,000 and $500,000 worth of stock in TransCanada Pipelines,Trump permitted the Keystone XL pipeline because he wanted to. It was a political step, having nothing to do with what the law actually requires. NARF is honored to represent the Rosebud Sioux and Fort Belknap Tribes to fully enforce the laws and fight this illegal pipeline.”

Snaking its way from Alberta to Nebraska, the pipeline would cross the United States-Canada border in Philips County, Montana, directly adjacent to Blaine County and the Fort Belknap Indian Reservation. The pipeline would cross less than 100 miles from the headquarters of the Fort Belknap Indian Reservation and run directly through sacred and historic sites as well as the ancestral lands of the Gros Ventre and Assiniboine Tribes. In South Dakota, the pipeline would cross through Tripp County, just miles from the boundaries of the Rosebud Indian Reservation and within yards of Rosebud’s trust lands and tribal members’ allotments. These lands are well within the area of impact for even a small rupture and spill. There are countless historical, cultural, and religious sites in the planned path of the pipeline that are at risk of destruction, both by the pipeline’s construction and by the threat of inevitable ruptures and spills if the pipeline becomes operational. Additionally, the Rosebud Sioux Tribe operates its own water delivery system, which is part of the Mni Wiconi Rural Water Supply Project. The pipeline would cross the two sources of water for the Mni Wiconi Project.

Despite all of these facts, throughout the permitting process, there was no analysis of trust obligations, no analysis of treaty rights, no analysis of the potential impact on hunting and fishing rights, no analysis of potential impacts on the Rosebud Sioux Tribe’s unique water system, no analysis of the potential impact of spills on tribal citizens, and no analysis of the potential impact on cultural sites in the path of the pipeline, which is in violation of the NEPA and the NHPA.

William Kindle, who was president of the Rosebud Sioux Tribe in August 2018 when the Tribal Council authorized NARF to finalize and file this lawsuit, stated at that time that, “As President of the Rosebud Sioux Tribe, I want to make it perfectly clear, and give fair warning to President Trump, Secretary Zinke, The United States Army Corps of Engineers, TransCanada and their financial backers and potential investors, South Dakota Governor Daugaard, Representative Noem, and Senators Thune and Rounds that the Rosebud Sioux Tribe opposes the construction of the Keystone XL pipeline. Through our attorneys—the Native American Rights Fund—the Rosebud Sioux Tribe will use all means available to fight in the courtroom this blatant trespass into Sicangu Lakota territory.”

Find out more about the Keystone XL Pipeline and the tribes’ opposition.