Tenth Circuit Briefs in United States v. Abousleman

Here:

US Opening Brief

Pueblos Amicus Brief

New Mexico Brief

Jemez River Basin Water Users Coalition Brief

Association of Community Ditches of Rio San Jose Amicus Brief

El Rito Ditch Asociacion Amicus Brief

US Reply

Pueblo Intervenors Reply

Lower court materials here.

Opinion in Pueblo of Jemez v. United States

Here is the opinion:

404 DCT Opinion

An excerpt:

THIS MATTER comes before the Court on the bench trial held on October 29-November 20, 2018; November 29-November 30, 2018; December 3, 2018; December 5, 2018; and December 13, 2018. The primary issue is whether Plaintiff Pueblo of Jemez has the exclusive right to use, occupy, and possess the lands of the Valles Caldera National Preserve (“Valles Caldera”) pursuant to its allegedly unextinguished and continuing aboriginal title to those lands. The Court concludes that Jemez Pueblo has not established aboriginal title to the Valles Caldera. Although the evidence proves that Jemez Pueblo has actually and continuously used and occupied the Valles Caldera for a long time, the evidence also shows that many Pueblos and Tribes also used the Valles Caldera in ways that defeat Jemez Pueblo’s aboriginal title claim.

Earlier posts here.

Jemez Pueblo Loses Claim to Valles Caldera National Preserve

Here are (some of) the materials in Pueblo of Jemez v. United States (D. N.M.):

387 Jemez Trial Brief

399 DCT Judgment

An excerpt:

THIS MATTER comes before the Court on the Court’s Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, filed August 31, 2019 (Doc. 398). In the Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, the Court: (i) concludes that Plaintiff Pueblo of Jemez does not have the exclusive right to use, occupy, and possess the lands that encompass the Valles Caldera National Preserve; (ii) quiets title to the Valles Caldera National Preserve in Defendant United States of America; (iii) dismisses the case with prejudice; and (iv) directs the parties to D.N.M.LR-Civ. 54, should they seek to recover any attorney’s fees and costs. See Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order at 498. Having disposed of all claims and parties before the Court in this case, the Court now enters Final Judgment. [emphasis added]

Our extensive prior posts are here.

Federal Court Appoints Bob Yazzie and Troy Eid as Mediators in Barboan Trespass/Condemnation Action

Here is the order in Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

ORD Appting Co-Mdtrs (219)

Federal Court Indian Country Determination Order [Ohkay Owingeh Pueblo]

Here are the materials in United States v. Vigil (D.N.M.):

60-us-motion-for-indian-country-determination-1.pdf

71-opposition.pdf

89-reply.pdf

201-dct-order.pdf

Federal Court Dismisses Title VII Suit against Shiprock Schools (tribally controlled school)

Here are the materials in Jim v. Shiprock Associated Schools (D.N.M.):

23-shiprock-schools-motion-for-summary.pdf

27-response.pdf

28-reply.pdf

34-dct-order.pdf