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

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.

Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.

Briefs:

US Opening Brief

Tribe Answer Brief

Reply

Lower court materials here.

“Bad Men” Claim against Diocese and Bank Dismissed

Here are the appellate materials in Montileaux v. Diocese of South Dakota (8th Cir.):

Notice of Appeal + DCT Order

Opening Brief

Private Appellees Brief

Diocese Brief

Reply Brief

Unpublished opinion

Eighth Circuit Affirms Attorney Fee Award in Spirit Lake Nation Voting Rights Matter

Here is the opinion in Spirit Lake Nation v. Jaeger.

Briefs:

State Brief

Tribe Brief

Reply

NCAI Amicus Brief Supporting Standing Rock Protester Shot in Face by Police with Lead Bean Bag

Here is the brief in Mitchell v. Kirchmeier (8th Cir.):

NCAI Amicus Brief

Eighth Circuit Briefs in Flandreau Santee Sioux Tribe v. Terwilliger

Here:

State Opening Brief

Tribe Answer Brief

Reply

Prior post here.

Eighth Circuit Affirms Major Crimes Act Conviction [Rosebud]

Here is the opinion in United States v. Earth.

Eighth Circuit Holds OSHA Does Not Apply to Red Lake Treaty Fishing Activities

Here is the opinion in Scalia v. Red Lake Nation Fisheries Inc.:

CA8 Opinion

Briefs here.

Flandreau Santee Sioux Prevails at Trial on State Tax of Non-Indian Gaming Contractors

Here are the materials in Flandreau Santee Sioux Tribe v. Terwilliger (D.S.D.):

176 State Post Trial Brief

177 Tribe Post Trial Brief

186 Opinion and Order

On remand from the Eighth Circuit here.

Eighth Circuit Affirms Major Crimes Act Arson Conviction Arising at Pine Ridge

Here is the opinion in United States v. Ferguson.