Eighth Circuit

Eighth Circuit Rejects MHA Nation Citizens’ Voting Rights Suit

Matthew L.M. Fletcher

Here is the opinion in Cross v. Fox.

Briefs:

Cross Brief.pdfDownload
Tribe Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Fort Berthold Agency

Eighth Circuit Decides Chase v. Andeavor Logistics L.P.

Matthew L.M. Fletcher

Here is the opinion.

Briefs:

opening brief.pdfDownload
answer brief.pdfDownload
reply.pdfDownload

Lower court materials here. We’ll update those later.

Eighth Circuit Decides City of Council Bluffs v. Dept. of the Interior [Ponca Gaming]

Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

In 2017, the National Indian Gaming Commission determined that a parcel of land in Iowa that is held in trust by the United States for the Ponca Tribe of Nebraska is eligible for gaming. The Commission reasoned that the land is eligible as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.” 25 U.S.C. § 2719(b)(1)(B)(iii). The appellants here, the States of Iowa and Nebraska and the City of Council Bluffs, challenged that decision in the district court. The district court agreed with the Commission that the Ponca Restoration Act, Pub. L. No. 101-484, 104 Stat. 1167 (1990), does not preclude gaming on the parcel. But because the Commission failed to consider a relevant factor in evaluating whether the parcel is restored land for the Tribe, the court remanded the matter for further consideration. The appellants noticed an appeal, arguing that the court erred in its interpretation of the Ponca Restoration Act. We affirm the district court’s order.

Briefs here.

Lower court materials here.