Fort Berthold Indian Reservation

MHA Nation Allottees Motion to Certify Class in Trespass Action against Pipeline

Matthew L.M. Fletcher

Here is the motion in Hall v. Tesoro High Plains Gas Co. LLC (D.N.D.):

49 Motion to Certify Class

Prior post here.

Federal Court Materials in MHA Nation Allottees Trespass Suit against Oil and Gas Companies

Matthew L.M. Fletcher

Here are the materials so far in Hall v. Tesoro High Plains Gas Co. LLC (D.N.D.):

9-amended-complaint.pdf

21-motion-to-dismiss.pdf

30-response.pdf

35-reply.pdf

Here are materials in a related case, Chase v. Andeavor Logistics LP (W.D. Tex.):

22 Motion to Transfer

25 Memo in Support

28 Amended Complaint

40 Response to Motion to Transfer

57 Reply

67 DCT Order Granting Motion to Transfer

Federal Court Rejects Tribal Jurisdiction, Orders Arbitration, in Oilfield Equipment Contract Dispute

Matthew L.M. Fletcher

Here are the materials in Halcon Operating Co. Inc. v. Rez Rock N Water LLC (D.N.D.):

5 Motion for PI

19 Motion to Dismiss

22 Response to 19

23 Reply in Support of 19

29 DCT Order

North Dakota SCT Rejects State Criminal Jurisdiction over Nonmember Indians

Matthew L.M. Fletcher

Here are the materials in Olson v. North Dakota Dept. of Transportation:

Appellant Brief

Appellee Brief

Opinion

Reply

Eighth Circuit Holds New Town is “Indian Country”

Matthew L.M. Fletcher

Here is the opinion in United States v. Bear.

The court’s syllabus:

Defendant's argument that New Town, where his 
   crime occurred, is not part of the Fort Berthold Reservation is rejected, 
   and the district court did not err in determining that defendant was 
   properly subject to federal prosecution.

North Dakota SCT Issues Ruling on Tribal Jurisdiction

Matthew L.M. Fletcher

Here is the opinion in Fredericks v. Fredericks. An excerpt:

Lyndon Fredericks appeals, and Bole Resources, LLC, and others (“Bole defendants”) cross-appeal from a judgment declaring the district court had subject-matter jurisdiction over the action, reforming a quit claim mineral deed, quieting title in the mineral interests in Paul Fredericks, and ordering Lyndon Fredericks to pay the Bole defendants damages plus interest and their attorney fees. Because we conclude the district court correctly ruled it had subject-matter jurisdiction, its findings of fact are not clearly erroneous, and it did not abuse its discretion, we affirm.

Briefs here:

Appellant Brief

Appellee Brief

Appellee Brief

Reply Brief

Briefs in Paradigm Energy v. Fox — Pipeline Construction under Fort Berthold Reservation

Matthew L.M. Fletcher1 Comment

Here are the materials so far Paradigm Energy Partners LLC v. Fox (D.N.D.):

5-paradigm-motion-for-tro

8-mha-nation-motion-to-dismiss

20-mha-motion-to-dissolve-tro

21-paradigm-response-to-20

24-mha-reply-in-support-of-8

25-reply-in-support-of-20

UPDATE (2/17/2017):

26-dct-order

38-paradigm-dismissal-notice

41-dct-order-dismissing-matter-without-prejudice

News Profile of Sebastian Braun’s Study of Impacts of Fracking at Fort Berthold

Matthew L.M. Fletcher

Here is “Chronicling the oil boom: UND professors map dramatic changes to western ND landscape.”

Links to several maps are available here.

 

Federal Court Suit to Stop Fort Berthold Tribal Court Suit against Oil Company

Matthew L.M. Fletcher

Here are the materials so far in Kodiak Oil & Gas (USA) Inc. v. Burr (D. N.D.):

1 Complaint

1-1 Amended Tribal Court Complaint

1-2 Tribal Resolution

B.J. Jones & Christopher Ironroad on Sentencing Disparities for Dakota Citizens

Matthew L.M. Fletcher1 Comment

Here:

89 N.D. L. Rev. 53
Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: A Tribal Sovereignty Approach
– BJ Jones & Christopher J. Ironroad

The abstract:

Native Americans in the Dakotas can receive criminal sentences in federal courts that are harsher than sentences meted out for similar conduct in state courts. The reason for this is the historical role the federal government has played in determining justice issues in tribal communities. Although the federal government oftentimes sought tribal input into justice issues in tribal communities, that input has not been sought in the area of sentencing of natives for offenses in federal courts, with some limited exceptions (death penalty and career offender sentencing). This Article argues a need to change this practice and that Indian tribes, through an opt-in provision similar to other tribal opt-in provisions in the criminal justice arena, should have a right to dictate more equitable sentencing for their members when the sentencing disparity is stark and exists only because federal jurisdiction lies. Such a remedy to disparate sentencing would not impact the prosecution of crime in tribal communities, but instead would ensure that native persons do not receive more punitive sentences merely because of their status as American Indians. Because of the unique trust relationship between the United States and American Indian tribes, the United States has a legal and moral imperative to address this issue, similar in regards to the disparity in federal sentences for crack versus powder cocaine offenses, which had a disproportionate impact upon African-Americans. In particular, this Article examines the sentencing of a young native woman on the Fort Berthold reservation who was prosecuted for the death of an infant child and sentenced in accordance with federal guidelines that appear to be far out of proportion to similar sentences in state courts. This Article suggests that a remedy for prior sentences be considered by Congress in light of the hesitancy of the executive branch to utilize its clemency powers to correct Native American sentencing injustices.