Here:
The complaint is here.
federal trust responsibility
Blackfeet Housing Sues BIA over Failure to Maintain Storm Drains and Flood Damage
Here is the complaint in Blackfeet Housing v. United States (D. Mont.):
An excerpt:
9. During the winter of 2011, the Blackfeet Indian Reservation had significant snowfall. The streets in Browning were covered with snow, and huge snow banks were created from plowing. In June of 2011, Browning also had significant rainfall. Given the unusual amount of precipitation, Blackfeet Housing had many rental units with a significant amount of water in the basements. In order to address the magnitude of this problem, Blackfeet Housing sent an engineer to look at the homes and determine the reason for the flooded crawl spaces. He discovered that the storm drains were clogged, the water had nowhere to go, and as a result, the water was backing up into the homes. The water in some of the homes filled the entire crawl space. The result was significant damage to the structure of the unit.
10. Each year after the snow melt and spring storm, the neighborhood flooding will continue to increase in frequency, duration, and intensity until storm drain systems are cleaned and repaired.11. The storm drain and catch basic cleaning and repair is now well beyond the scope of routine maintenance.
12. Repair of residence flood damages is well beyond the scope of routine Blackfeet Housing house maintenance.
Quapaw Tribe Congressional Reference Case Survives Motion to Dismiss
Here are the materials in Quapaw Tribe v. United States (Fed. Cl.):
Nez Perce Tribe Press Release on MegaLoads Decision
Federal Court Enjoins MegaLoads on Nez Perce Land — Lack of Tribal Consulation
Here are the materials in Nez Perce Tribe v. United States Forest Service (D. Idaho):
Nez Perce (Mega-load) Consultation decision (Sept 2013)
Flute v. United States: Suit by Sand Creek Massacre Descendants for Accounting of Promised Funds
Here:
An excerpt:
Plaintiffs file this Complaint seeking an accounting of those monies the United States of America solemnly agreed to pay to each of Plaintiffs’ ancestors as reparations for a massacre of Native American citizens at Sand Creek, Colorado by members of the federal army.
Fletcher Statement to the Secretarial Commission on Indian Trust Administration and Reform
The Commission honored me with an invitation to submit a statement and present it at their April Nashville meeting, but I was unable to attend. However, my statement is available at SSRN here.
NCAI Analysis on How Sequester will Impact Tribal Nations
Here.
From the report:
If Congress does not replace or avert the sequester scheduled for March 1, 2013, forced spending cuts will undermine the trust, treaty, and statutory obligations to tribal governments that are funded in the federal budget. Not only would it sacrifice the federal trust responsibility to tribes, but it would thwart tribes’ ability to promote economic growth or plan for the benefit of future generations. The Office of Management and Budget estimates the effective percentage reduction will be approximately nine percent for non-defense programs because the reduction will be implemented over the remaining seven months of the fiscal year (FY).
D.C. Circuit Briefs in RCRA Claims against US in Navajo Uranium Mining Contamination
Here are the materials in El Paso Natural Gas Co. v. United States:
Materials from an earlier D.C. Circuit appeal (the Mill Tailings Act Appeal) are here.
Mary Kathryn Nagle on the Government’s Fidicuary Duties Pre- and Post-Dawes Act
Mary Kathryn Nagle has published “Nothing to Trust: The Unconstitutional Origins of the Post-Dawes Act Trust Doctrine” in the Tulsa Law Review (48 Tulsa L. Rev. 62 (2012)).
Here is the article:
Turtle Talk 
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