Sauk County FOIA Lawsuit Against DOI for Ho-Chunk Records

Sauk County has filed a FOIA action in the Western District of Wisconsin federal district court against the Department of the Interior seeking documents associated with a Ho-Chunk Nation fee-to-trust application.

Copy of the complaint here

EPA Record of Decision in MHA Nation Oil Refinery Project

Here.

Federal Court Remands Oneida Indian Nation Trust Acquisitions to Interior for Reconsideration in Light of Carcieri

Here are the massive materials in New York v. Salazar (N.D. N.Y.):

DCT Order

New York Motion for Summary J

Interior Motion for Summary J

Oneida Indian Nation Motion for Summary J

New York Opposition

Interior Opposition

Oneida Indian Nation Opposition

New York Reply

Interior Reply

Oneida Reply

Here are posts on the constitutional challenges to the trust acquisition from way back (here and here). And our sadly prescient commentary from 2008 here.

Split Ninth Circuit Panel Affirms Gila River Indian Community v. United States

Here is today’s opinion.

An excerpt:

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“the Nation”), a 54-acre parcel of land known as Parcel 2. The Nation hopes to build a destination resort and casino on Parcel 2, which is unincorporated county land, entirely surrounded by the City of Glendale. To say this plan has been controversial is an understatement. But the strong feelings and emotional drama of the casino fight do not dictate the outcome here. This appeal relates only to the status of the land as trust land and does not involve the particulars of Indian gaming, which are the subject of separate proceedings and pending legislation. The district court granted summary judgment for the government after concluding that the Secretary of the Interior reasonably applied the Gila Bend Indian Reservation Lands Replacement Act (“Gila Bend Act”), and that the Act did not violate the Indian Commerce Clause or the Tenth Amendment. We affirm.

Briefs here.

Lower court materials here.

Cherokee Nation Challenge to United Keetoowah Band Trust Acquisition

Here:

Cherokee v Salazar Complaint

Update in Clark County v. Salazar — DCT Denies Remand to Interior

Here are the new materials in Clark County v. Salazar (D. D.C.):

Interior Amended Motion for Remand

Clark County Opposition to Remand

Interior Reply

DCT Order Denying Remand

Clark County’s motion for summary J is here.

Federal Court Dismisses Kansas’ Claims in Wyandotte Nation v. Salazar

Here are the recent materials:

DCT Order Dismissing Kansas’ Claims

Interior Supplemental Brief

Kansas Supplemental Brief

Previous materials are here and here and here and here.

Update in Wyandotte v. Salazar (& Kansas)

Here are updated materials, with the district court now asking the parties to brief in the import of the Patchak decision:

Interior Motion to Dismiss Kansas Cross Claims

Kansas Opposition to Interior Motion

Interior Reply

Wyandotte Motion to Dismiss Kansas Cross Claims

Kansas Opposition to Wyandotte Motion

Wyandotte Reply

DCT Order re Patchak Supp Briefing

Our prior posts on this case are here and here and here.

Three Trust Acquisitions for New Mexico Pueblos

From Indianz.

Amador County Suit against Interior over Ione Band of Miwok Indians Trust Acquisition

Here:

Amador Complaint

Indianz coverage here.