Tenth Circuit Affirms United States v. Uintah Valley Shoshone Tribe

Here is the opinion. An excerpt:

We recognize that in interpreting federal statutes in Indian affairs we “provide for a broad construction when the issue is whether Indian rights are reserved or established, and for a narrow construction when Indian rights are to be abrogated or limited.” Felter, 752 F.2d at 1512; see also F. Cohen, Handbook of Federal Indian Law 224–25 (1982). In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. But we cannot also conclude that the Termination Act implicitly gave the Uintah Valley Shoshone Tribe authority to exercise Ute tribal rights with respect to hunting and fishing, when the Act plainly established those rights within the Ute Tribe.

Briefs here.

Federal Court Materials in Ute Banishment Case

Here are the materials so far in Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation (D. Utah):

2-complaint.pdf

20-motion-for-immediate-release.pdf

46-tribe-motion-to-dismiss.pdf

47-response-to-mtd.pdf

53-reply-in-support-of-motion-for-release.pdf

54-reply-in-support-of-mtd.pdf

73-motion-for-atty-fees.pdf

77-response-to-motion-for-atty-fees.pdf

79-reply-in-support-of-motion-for-atty-fees.pdf

82-motion-to-intervene.pdf

83-dct-order-denying-intervention.pdf

Federal Court Enjoins HUD’s New National Down Payment Assistance Rule

Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah):

59-1-state-amicus-brief.pdf

69-hud-opposition.pdf

72-industry-amicus-brief.pdf

73-reply-in-support-of-motion-for-pi.pdf

News article explaining the injunction here.

We posted the complaint and the motion here.

Cedar Band Paiutes Sue HUD over New Mortgage Guidance that Destroyed Its Business

Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah):

2 Complaint

6 Motion for PI

6-2 Mortgagee Letter

6-3 Whipple Dec

Federal Court Rejects Ute Tribe Effort to Disqualify Judge [Ute v. McKee]

Here are the materials so far in Ute Indian Tribe v. McKee (D. Utah):

2 complaint

29 motion to disqualify judge

31 opposition

32 reply

38 dct order denying motion

Update (5/6/19):

39-tribe-motion-for-default.pdf

40-mckee-opposition-to-39.pdf

43-motion-to-intervene.pdf

44-reply-in-support-of-39.pdf

45-tribe-opposition-to-43.pdf

46-mckee-opposition-to-43.pdf

52-dct-order-denying-motion-for-default.pdf

53-dct-order-denying-motion-to-intervene.pdf

Federal Court Holds Nonrecognized Tribe May Not Issue Hunting and Fishing Permits But Does Not Issue Injunction under 18 U.S.C. § 1343

Here are the materials in United States v. Uintah Valley Shoshone Tribe (D. Utah):

2 Complaint

3 Motion for TRO

14 Response

15 Response

26 Defendants Brief on Plenary Power

45 Federal Motion for Summary J

47 Opposition

48 Opposition

56 DCT Order