Motion for Summary Judgment and Amicus Briefs in AFCARS Lawsuit [foster care and adoption data for AI/AN and LGBTQ+ kids]

Final_Motion for Summary Judgment  

Plaintiffs have standing to bring this case. Plaintiffs here include the largest federally recognized tribes in California and in the United States, a coalition of dozens of tribes located in California, a foster youth and foster care alumni organization in Alaska, and three organizations from around the country that work with LGBTQ+ foster youth and/or youth who have experienced sex or labor trafficking. Each of these Plaintiffs works to improve the living conditions of youth in child welfare systems and to reduce the chance they will end up homeless, incarcerated, or otherwise severely harmed while in care. The data that Defendants have abandoned are irreplaceable for the efficacy of these efforts. The 2020 Final Rule substantially impedes Plaintiffs’ ability to pursue their missions. It makes it harder for tribes to vindicate their and their children’s rights and to protect their children’s well-being. Likewise, the rule makes it more difficult for groups serving youth in care, including LGBTQ+ youth, to address the overrepresentation of those youth in the foster care population and to prevent their disproportionately negative experiences. The 2020 Final Rule thus injures Plaintiffs—along with the vulnerable children they serve. 

ProposedOrder

Exhibits:

App.A

App.B

App.C

App.D

App.E

App.F

American Academy of Pediatrics_Amicus_Brief

AAP_Amicus_Motion

Members Of Congress_Amicus_Brief

MOC_Amicus_Motion

The MSU Indian Law Clinic represents the plaintiffs in this case along with our excellent partners, Democracy Forward and Lambda Legal.

Texas v. Zinke (ICWA Challenge) April Update

There were some thirty entries on the Texas v. Zinke docket this month. Relevant documents are on the case page.

Since our last update, the feds filed another motion to dismiss. The plaintiffs’ seperated into private and state parties for briefing–so the state plaintiffs have filed one brief, and the individual plaintiffs filed another (up to 70 pages each). Both, however, filed a combined opposition to the government’s motion to dismiss and motions for summary judgment.

Ohio and Goldwater have filed amicus briefs on the opposition to the motion to dismiss.

Navajo Nation motioned to intervene for the purpose of a Rule 19 dismissal.

The federal government and the plaintiffs are going back and forth on the scheduling of additional briefing, but there are no orders yet.

Quechan v. Dept. of Interior (D. Ariz.) — Arizona Clean Fuels Refinery

From Indianz [see the briefs and opinion below the fold]:

A federal judge has dismissed the Quechan Nation’s lawsuit over a proposed oil refinery in Arizona.

The tribe said the Bureau of Reclamation, an agency of the Interior Department, failed to address the environmental impact of a land transfer that was authorized by an act of Congress. The judge dismissed the claim as “frivolous.” Arizona Clean Fuels bought the land at issue in the transfer for an oil refinery. But the company has decided to use a different site after the tribe raised questions about the original site.

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