New York Federal Court Rejects Shinneock Eel Harvesting Claims

Here is the opinion in Silva v. Parrish (E.D. N.Y.):

Briefs here.

New York Federal (Again) Declines to Dismiss Cayuga Nation’s Suit against New York Gaming Agency

Here are the new materials in Cayuga Nation v. New York State Gaming Commission (N.D. N.Y.):

Prior post here.

Silva v. Farrish – Shinnecock Fishing Case Summary Judgment Briefings

Here are the pleadings in Silva v. Farrish (E.D. N.Y.):

152 NCAI and Shinnecock Kelp Farmers Amicus Brief

154 USET Amicus Brief

159 GLIFWC Amicus Brief

160 Law and History Professors Amicus Brief

161-11 Pls’ MoL in Supp of SMJ

161-14 Defs’ MoL in Opp’n to Pls’ SMJ

161-15 Pls’ Reply MoL

162-1 Defs’ MoL in Support SJM

162-33 Pls’ MoL in Opp

162-35 Defs’ Reply MoL

Prior post here.

New York Federal Court Allows Cayuga Challenge to State Authorization of Games on Rez

Here are the materials in Cayuga Nation v. New York State Gaming Commission (N.D. N.Y.):

Utah Federal Court Dismisses Ute Tribe Effort to Force State to Sell Land Back to the Tribe

Here are the materials in Ute Indian Tribe v. Ure (D. Utah):

Northwestern Shoshone Treaty Suit Prevails against Idaho in Ninth Circuit

Here is the opinion in Northwestern Band of the Shoshone Nation v. Wooten.

Briefs here.

Law.

Harvard Law Review Casenote on Silva v. Parrish

Here.

Link to the opinion here.

Second Circuit Allows Thruway Trespass Suit against New York to Proceed

Here are the materials in Seneca Nation v. Hochul:

Lower court materials here.

Montana Federal Court Dismisses Native Inmates’ Suit over Jail Conditions that Allegedly Violate Hellsgate Treaty Because 11th Amendment Makes State Officials Immune (which a textualist would know says nothing like that whatsoever)

Here are the materials in Black Crow v. Lake County Jail, recaptioned In re Conditions at Lake County Jail (D. Mont.):

Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.