Tag Archives: National Historic Preservation Act

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.

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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

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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.

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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

Federal Court Rejects Diné CARE Challenge to Fracking Near Chaco Canyon

Here are the materials in Diné Citizens Against Ruining Our Environment v. Zinke (D.N.M.): 112 dine care opening brief 113 us response 117 reply 132 dct order  

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Federal Court Rejects Coyote Valley Band Challenge to Highway

Here are the materials in Coyote Valley Band of Pomo Indians of California v. United States Department of Transportation (N.D. Cal.): 118-1 US Motion for Summary Judgment 131 Tribe Motion re Federal Defendants 133 Tribe Motion re State Defendants 138 State … Continue reading

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Federal Court Allows Tribal NHPA Consultation Claims to Proceed in Freeway Challenge

Here are the materials in Coyote Valley Band of Pomo Indians of California v. United States Department of Transportation (N.D. Cal.): 68 Federal Motion to Dismiss 69 State Motion to Dismiss 73 Tribe Response to State Motion 74 Tribe Response to … Continue reading

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

Sisseton-Wahpeton Oyate Effort to Stop Road (Mostly) Fails

Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers (D.S.D.): 90-sisseton-brief us-army-corps-brief 92-sisseton-reply 93-dct-order An excerpt: For the reasons explained above, the Court denies Plaintiffs’ request for an injunction against the Corps, … Continue reading

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