federal recognition – Page 12

Supreme Court Partially Vacates and Reverses Judgment Favoring Samish Indian Nation

October 9, 2012October 9, 2012Matthew L.M. Fletcher1 Comment

Here is today’s order list. From the order:

The petition for a writ of certiorari is granted. The judgment with respect to all matters relating to respondent’s Revenue Sharing Act claim is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to dismiss that claim as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

Lower court materials here.

Pro Se Complaint Seeking Kern Valley Indian Community Recognition Dismissed

October 2, 2012Matthew L.M. Fletcher

Here are the materials in Lenares v. Salazar (E.D. Cal.):

DCT Order Dismissing Lenares Complaint

Lenares Complaint Part 1

Lenares Complaint Part 2

Samish Indian Nation Cert Opposition Brief in Trust Breach Case

September 6, 2012Matthew L.M. Fletcher

Here:

Samish Cert Opp

The cert petition is here.

Lower court materials here.

Witnesses and Testimony in House Resources Committee Hearing on Federal Recognition

July 5, 2012June 28, 2012Matthew L.M. Fletcher

Here (from June 27):

OPENING STATEMENT:

The Honorable Don Young
Chairman

WITNESSES AND TESTIMONY:

Panel I

The Honorable Ken Salazar*
Secretary
U.S. Department of the Interior

Stephen R. Adkins
Chief
Chickahominy Tribe

Scott Gabaldon
Tribal Chair
Mishewal Wappo Tribe of Alexander Valley

Ann Tucker
Chairwoman
Muscogee Nation

Framon Weaver
Chief
MOWA Band of Choctaw Indians

The Honorable Diane Dillon
Supervisor
Napa County District 3

D.C. Circuit Briefs in Muwekma Ohlone Challenge to Interior Denial of Federal Recognition

June 21, 2012Matthew L.M. Fletcher1 Comment

Here are the materials in Muwekma Ohlone Tribe v. Salazar:

Muwekma Opening Brief

Salazar Answering Brief

Muwekma Reply

Lower court materials are here.

Federal Circuit Affirms Dismissal of Claims by “Florida Choctaws”

June 8, 2012Matthew L.M. Fletcher

Here is the opinion in Williams v. United States.

We’d have briefs but the Federal Circuit PACER doesn’t have them available.

Lower court materials here.

United States v. Samish Cert Petition

June 4, 2012Matthew L.M. Fletcher

Here:

US v Samish Cert Petition

Samish–Pet App (final)

Questions presented:

1. Whether the Tucker Act, 28 U.S.C. 1491(a)(1), or Indian Tucker Act, 28 U.S.C. 1505, grants the Court of Federal Claims subject-matter jurisdiction over an Indian Tribe’s claim for money damages against the United States, based on the United States’ purported violation of sources of law that do not themselves mandate a damages remedy for their violation.

2. Whether the United States may be required to pay damages for failing to provide an Indian Tribe with a statutorily defined portion of a statutory fund, where Congress enacted limited appropriations for that fund and those appropriations were exhausted over a decade before the tribe filed its action for money damages.

Lower court materials are here.