Federal Court Certifies Interlocutory Appeal to Address “Law of the Place” Question under Federal Tort Claims Act Claim Brought at Acoma

Here are the materials so far in Ray v. United States (D.N.M.):

1 Complaint

35 Ray Motion for Summary J

37 Response

40 DCT Order

54 DCT Order re Certification of Appeal

Federal Suit against Interior and Navajo re: Removal from Indian Education Committee at a Gallup School is Dismissed

Here are the materials in Chicharello v. Dept. of the Interior (D.N.M.):

1 Complaint

19 Navajo Motion to Dismiss

34 US Motion to Dismiss

35 DCT Order

45 Amended Complaint

47 DCT Order

Laguna and Jemez Pueblos Sue EPA over Clean Water Act Rules

Here is the complaint in Pueblo of Laguna v. Regan (D.N.M.):

1 Complaint

An excerpt:

13. The Agencies repealed the 2015 Clean Water Rule and then reversed their longstanding policy by promulgating a new, much narrower interpretation of the “waters of the United States.” Definition of “Waters of the United States” — Recodification of Pre-Existing Rules, 84 Fed. Reg. 56,626 (Oct. 22, 2019) [hereinafter the 2019 Repeal Rule]; The Navigable Waters Protection Rule: Definition of “Waters of the United States,” 85 Fed. Reg. 22,250 (Apr. 21, 2020) [hereinafter the 2020 Navigable Waters Rule]. The 2020 Navigable Waters Rule follows the directive of Executive Order 13,778, but without due regard for established law.
14. The 2019 Repeal Rule and 2020 Navigable Waters Rule are inconsistent with both the CWA’s objective of “maintain[ing] the chemical, physical, and biological integrity of the Nation’s waters” and the Rapanos significant nexus test.
15. The 2019 Repeal Rule and the 2020 Navigable Waters Rule harm the Pueblos by removing federal CWA water pollution protections from many of the ephemeral streams and other waterbodies that sustain the Pueblos. These rules remove CWA protections from 79% to 97% of stream miles in the Pueblo of Laguna. These rules remove CWA protections from 94% of stream miles in the Jemez watershed and 87% of stream miles on Jemez Pueblo trust lands.
16. Where a waterbody is not determined to be a “water of the United States,” the Pueblos alone are left to establish and administer water pollution control programs at their own expense.

17. However, the Pueblos rely on the Agencies to implement nearly all of the CWA’s pollution programs on their behalf and do not have the financial or administrative resources or capacity to administer these programs themselves.

18. Further, both Pueblos rely on the federal jurisdiction of the CWA to protect themselves from upstream pollution.
19. For the Pueblos, high water quality is essential to day-to-day life, as well as
cultural and religious practices.

20. The removal of federal jurisdiction creates the imminent risk of the degradation and destruction of the Pueblos’ waters and would harm the Pueblos’ agriculture, as well as cultural and religious practices.

Tenth Circuit Briefs in Pueblo of Jemez v. United States [Valles Caldera]


Jemez Pueblo brief sealed

Indian Advocacy Groups Amicus Brief

Indian Law Profs Amicus Brief

Pueblo Nations Amicus Brief

Lower court materials here.

Tenth Circuit Denies En Banc Petition in Pueblo Water Rights Matter

Here are the en banc stage materials in United States v. Abouselman:

En Banc Petition

US Response

Order Denying Petition for Rehearing

Panel materials here.