D.C. Circuit Declines to Order Injunction on Construction of Border Wall to Stop Destruction of Sacred Sites over Dissent of Judge Millett

Here is the order in Manzanita Band of the Kumeyaay Nation v. Wolf:

Order on Motion for Stay Pending Appeal + Dissent

Briefs:

Opposition

Appellants Motion for Emergency Injunction

Lower court materials here.

D.C. District Court Denies Manzanita Kumeyaay Effort to Stop Border Wall Construction

Here are the materials in Manzanita Band of Kumeyaay Indians v. Wolf (D.D.C.):

1 Complaint

7 Motion for TRO

16 Opposition

18 Reply

23 DCT Order

Federal Court Allows Narragansett Consultation Claim against Fed. Highway Admin. to Proceed

Here is the order in Narragansett Indian Tribe v. Nason (D.D.C.):

30 DCT Order

Prior post here.

Federal Court Transfers Narragansett Consultation Claims against Federal Highway Admin. to D.C. District Court

Here are the materials in Narragansett Indian Tribe v. Hendrickson (D. R.I.):

12 Motion to Dismiss

14 Tribe Motion to Transfer Venue

16 US Opposition to 14

17 Reply in Support of 14

18 Tribe Opposition to 12

20 Reply in Support of 12

21 Tribe Motion for Reconsideration

23 DCt Order Granting 14 on Reconsideration

Complaint here.

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Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes.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

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.

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, the Commission failed to justify its confidence that small cell deployments pose little to no cognizable religious, cultural, or environmental risk, particularly given the vast number of proposed deployments and the reality that the Order will principally affect small cells that require new construction. The Commission accordingly did not, pursuant to its public interest authority, 47 U.S.C. § 319(d), adequately address possible harms of deregulation and benefits of environmental and historic-preservation review. The Order’s deregulation of small cells is thus arbitrary and capricious. We do not reach the alternative objections to the elimination of review on small cell construction. We deny the petitions for review on the remaining grounds.

Prior post here.

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.