Cherokee Nation v. Bernhardt Cert Petition over United Keetoowah Band Trust Land Acquisition

Here is the petition:

cert-petition-1.pdf

Questions presented:

1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply.

Lower court materials here.

First Circuit Briefs in Littlefield v. Mashpee Wampanoag Indian Tribe

Here:

Mashpee Brief

Littlefield Answer Brief

Mashpee Reply

Prior posts here.

Tenth Circuit Affirms Interior’s Decision to Acquire Trust Land for United Keetoowah Band

Here is the opinion in Cherokee Nation v. Bernhardt.

Briefs:

federal-appellant-brief.pdf

ukb-opening-brief.pdf

cherokee-nation-answer-brief.pdf

federal-reply.pdf

ukb-reply.pdf

lower court materials here.

UPDATE:

Cherokee En Banc Petition

Cherokee Motion to Stay

Interior Opposition

UKC Opposition

Additional Amended Final Judgments in Aquinnah Wampanoag Gaming Case

Here are the additional materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

201 Amended Final Judgment

205 State Motion to Amend

207 Tribe Motion to Stay Judgment

208 Opposition to 205

215 Second Amended Judgment

217 Opposition to 207

218 DCT Order Denying 207

221 Tribe Motion to Amend

227 State Response

230 Third Amended Judgment

Prior post here.

Ninth Circuit Briefs in Club One Casino v. Dept. of Interior [Challenge to IRA Section 5]

Here:

Opening Brief

DOI Answer Brief

Reply

Lower court materials here.

Federal Judge Issues Final Judgment for Town of Aquinnah on Remand from First Circuit

Here are the materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

181 Town Motion for Final Judgment

183 Community Assn Motion

185 Tribe Opposition

196 Tribe Surreply

197 Community Assn Reply

198 State Brief

200 DCT Order

Readers might recall that the circuit instructed the district court to “ent[er] judgment in favor of the Tribe” (link to panel materials here). Here is the district court’s answer to that order:

In summary, the Tribe could have appealed those portions of the judgment that provided that it must comply with state and local permitting and other regulatory  requirements. Instead, it only appealed those portions addressing gaming issues. An amended final judgment in favor of the Tribe as to the gaming issues is of course required. The remainder of the judgment, however, will be reinstated in substance. If the Tribe seeks to construct and operate a gaming facility, it need not comply with state and local gaming laws, but it must comply with all state and local laws and regulations of general applicability to the construction and operation of a commercial building.

Sault Tribe Moves for Summary Judgment in Its Off-Rez Fee to Trust Claim

Here is the pleading in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):

43 Sault Tribe MSJ

Case tag here.