North Dakota Federal Court Rejects Tribal Court Jurisdiction over Enforcement of ROW Agreement on Allotment, Holding US Has Exclusive Authority

Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):

1 Complaint

1-8 MHA Nation Supreme Court Decision

8 Fettig Answer + Counterclaim

13 Motion to Dismiss Counterclaim

16 Response to 13

18 Motion for PI

22 Reply ISO 13

23 Tribal Response to 18

26 Reply ISO 18

30 DCT Order

Prior post here.

Yep, this is that cigarette case again.

Ho-Chunk Inc. Cert Petition in Tax Dispute with Nebraska

Here is the petition in HCI Distribution Inc. v. Hilgers:

Questions presented:

I. Under this Court’s decision in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), may a state directly regulate commerce between tribal economic development entities on the tribe’s own reservation lands without a showing of exceptional circumstances?

II. In conducting the balancing test under White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), may a court discount a tribe’s interests in self-determination and self-sufficiency based upon the court’s view of the significance of the tribe’s economic development activities?

III. Did the Eighth Circuit’s modification of the District Court’s injunction effectively rewrite Nebraska’s escrow and bond statutes, substituting the court’s decision for that of the state legislature, in violation of the standards set forth in Ayotte v. Planned Parenthood of New England, 546 U.S. 320 (2006) and other precedents of this Court?

Lower court materials here.

Brief in Opposition

Reply

Eighth Circuit Denies HCI En Banc Petition

Here are the available materials in HCI Distribution Inc. v. Hilgers:

Prior post here.

En Banc Petition in Bibeau v. Commissioner

Here:

Prior post here.

Eighth Circuit Largely Vacates Injunction in Winnebago Tax Fight with Nebraska

Here is the opinion in HCI Distribution Inc. v. Peterson.

Briefs here.

Eighth Circuit Decides Bibeau v. Commissioner

Here.

Briefs here.

Eighth Circuit Oral Argument Audio in Bibeau v. Commissioner

Here. Worth a listen.

Briefs and other materials here.

SCOTUS Cert Stage Materials in Turtle Mountain Ojibwe Efforts to Uncover Republican Legislators’ Racial Animus

Here are the cert stage materials in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly:

Cert Petition

Republican Governors Amicus Brief in Opposition

Questions presented:

1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?

Lower court materials here.

Eighth Circuit Rejects Challenge to BLM Approval of Mining on Shores of Lake Sakakawea

Pbbbt

Here is the opinion in Mandan Hidatsa & Arikara Nation v. Dept. of the Interior.

Briefs here.

Pretty sure this guy would be pissed.

Eighth Circuit Materials in Bibeau v. Commissioner of Internal Revenue

Here:

Additional briefs TK.

Agency decision here:

Give ‘em hell, Frank