Tag Archives: National Historic Preservation Act

Tenth Circuit (Barely) Keeps Alive Caddo Nation Suit against Wichita and Affiliated Tribes

Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes. Briefs here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, sovereign immunity | Tagged , , , , , , , ,

Ninth Circuit Rules in Favor of Tribe in Pit River v. BLM III

Here is the opinion in Pit River Tribe v. Bureau of Land Management. Briefs: blm-opening-brief.pdf pit-river-answer-brief.pdf blm-reply.pdf Pit River II materials here. Pit River I materials here.

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , , , ,

D.C. Circuit Briefs in Narragansett Indian Tribal Historic Preservation Office v. FERC

Here: Tribe Brief FERC Brief Reply

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , ,

D.C. Circuit Decides United Keetoowah Band of Cherokee Indians v. FCC

Here is the opinion. An excerpt: We grant in part the petitions for review because the Order does not justify the Commission’s determination that it was not in the public interest to require review of small cell deployments. In particular, … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , ,

Tenth Circuit Holds BLM Violated NEPA in Approving Chaco Canyon Fracking

Here is the opinion in Diné Citizens Against Ruining Our Environment v. Bernhardt. Briefs here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , , , , , , , ,

Narragansett NHPA Consultation Suit

Here is the complaint Narragansett Indian Tribe v. Federal Highway Administration (D.R.I.): 1-complaint-2.pdf An excerpt: The Tribe brings this action to challenge the termination of a programmatic agreement(“PA”) entered into pursuant to the regulations of the National Historic Preservation Act … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, trust relationship | Tagged , , , ,

Havasupai Tribe v. Provencio Cert Petition [Grand Canyon Mine; NHPA Consultation]

Here: cert-petition-1.pdf Question presented: Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, Supreme Court | Tagged , , , ,

Tenth Circuit Briefs in Diné Citizens Against Ruining Our Environment v. Zinke [Chaco Canyon Fracking]

Here: Opening Brief Amicus Brief federal brief intervenors brief navajo allottees amicus brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , , , , , ,

Iowa Law Review Student Scholarship on How NHPA Fails Tribal Interests

Amanda M. Marincic has published “The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations” in the Iowa Law Review. An excerpt: Beginning in 2016, the Standing Rock Sioux Tribe engaged in … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Legislation, Scholarship | Tagged , , , ,

Seminole Tribe v. FCC Petition for Review [NHPA]

Here is the petition in Seminole Tribe of Florida v. Federal Communications Commission (D.C. Cir.): complaint

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , | 1 Comment