NCAI Moves to Dismiss Bullshit

Been waiting for a rational actor to enter stage left before I post anything about this bullshit, and now they have. Here are the materials so far in Native American Guardian’s Association v. Washington Commanders (D.N.D.):

1 Complaint

20 NCAI Motion to Dismiss

22 Blackwell Affidavit

22-1 Press Release

22-2 Letter to Commanders

22-3 NCAI Resolutions

23 Murphy Affidavit

23-1 Business Records Search

23-2 State Corp Commission

23-3 Marez v Polis Complaint

NARF is repping NCAI here.

North Dakota Federal Dismisses Federal Common Law Trespass Claims of Indian Allottees against Pipeline Company

Here are the materials in Chase v. Andeavor Logistics PC (D.N.D.):

Bird v. Three Affiliated Cert Petition [sovereign immunity]

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

District court materials here.

Eighth Circuit Orders Tribal Exhaustion in Cigarette Ban Case

Here is the opinion in WPX Energy Williston LLC v. Jones.

Briefs here.

Jaune Smith

Eighth Circuit Shows Against Why FTCA’s Discretionary Function Exception Should Be Canned

Here is the cursory, bloodless opinion in Mound v. United States.

Briefs here. Lower court materials here.

An excerpt:

In 2014, the Tribe identified a culvert—a structure that channels water under a road—as a potential maintenance project. In 2018, based on an engineering assessment, the Tribe decided to replace the culvert. Because its existing contract did not authorize funding for the project, the Tribe sought a new contract with the BIA. Before the new contract was finalized, heavy rains collapsed the culvert, leaving a large gap in the road. Four cars drove into the gap and plunged into the water. Trudy Peterson and James Vander Wal were swept downstream and died. Evan Thompson and Steven Willard suffered serious injuries.

North Dakota Federal Court Allows Challenge to Tribal TERO Suit to Proceed against TERO Officer

Here are the materials in Dakota Metal Fabrication v. Parisien (D.N.D.):

Litigation in North Dakota Federal Court over Turtle Mountain TERO Power to Assess Nonmember Business on Trust Lands

Here are the materials so far in Hanson v. Parisien (D.N.D.):

Eighth Circuit Briefs in Mandan, Hidatsa, and Arikara Nation v. Dept. of the Interior [opposition to Trump-era approval of non-Indian mining on shores of Lake Sakakawea]

Here:

Lower court materials here.

Screen shot from “Before and After the Flood: Property and Sovereignty at Fort Berthold.

Eighth Circuit Briefs in Mound v. United States

Here:

Lower court materials here.

Eighth Circuit Briefs in WPX Energy Williston LLC v. Fettig

Here:

Lower court materials here.