Here are the materials in Coyote Valley Band of Pomo Indians of California v. United States Department of Transportation (N.D. Cal.):
73 Tribe Response to State Motion
National Historic Preservation Act
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.):
An excerpt:
For the reasons explained above, the Court denies Plaintiffs’ request for an injunction against the Corps, remands to the Corps for reconsideration whether the 2009 gully crossings were the type of undertaking that could affect historic properties under 36 C.F.R. § 800.3(a) and to complete the Section 106 process if so necessary, and denies all other requests for relief requested by Plaintiffs. Judgement will enter accordingly.
Narragansett Tribe Sues Electric Co. over Historic Preservation
Here are the materials in Narragansett Indian Tribe v. Narragansett Electric Company (D. R.I.):
Ninth Circuit Decides Pit River Tribe v. Bureau of Land Management re: Medicine Lake Highlands
Here is the opinion. An excerpt from the court’s syllabus:
The panel reversed the district court’s order granting judgment on the pleadings in an action brought by environmental organizations challenging the Bureau of Land Management’s continuation of 26 geothermal leases in northeastern California’s Medicine Lake Highlands.
The panel held that the district court incorrectly treated the environmental organizations’ claims as arising under only § 1005(a) of the Geothermal Steam Act. BLM’s 1998 decision to continue the 26 unproven leases in the Glass Mountain Unit under § 1005(a) was issued simultaneously with its decision to reverse and vacate its earlier decision to extend those leases on a lease-by-lease basis under § 1005(g). The panel held, thus, that the environmental organizations’ challenge to BLM’s decisions issued on May 18, 1998 implicated both § 1005(a) and § 1005(g).
Because BLM must conduct environmental, historical, and cultural review under the National Environmental Policy Act and the National Historic Preservation Act before granting lease extensions under § 1005(g), the panel held that the environmental organizations’ claim fell within § 1005(g)’s zone-of-interests, and the organizations had
stated a claim under § 1005(g).The panel declined the environmental organizations’ invitation to rule on the merits of its Geothermal Steam Act claims, and remanded for further proceedings.
Briefs:
Federal Court Declines to Block Solar Project affecting CRIT Sacred Sites
Here are the materials in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
We posted the complaint here.
White Earth Nation Moves for Summary Judgment in Challenge to Two Oil Pipelines
Here is the motion in White Earth Nation v. Kerry (D. Minn.):
We posted the complaint here.
US and Industry Defeat Challenge to Uranium Mining at Grand Canyon Mine
Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):
140-1 Plaintiffs Motion for Summary J
147-1 Intervenors Motion for Summary J
An excerpt:
This case arises out of the proposed renewal of operations at the Canyon Mine in Northern Arizona. The Canyon Mine is a breccia pipe uranium mine located six miles south of Grand Canyon National Park, in the Kaibab National Forest, and four miles north of Red Butte, a culturally and religiously significant site for the Havasupai and other tribes.
Two New Indian Law Articles in Alaska Law Review
Here:
Fate Control and Human Rights: The Policies and Practices of Local Governance in America’s Arctic
Mara Kimmel
PDF
The loss of territoriality over lands conveyed under the Alaska Native Claims Settlement Act had adverse impacts for Alaskan tribal governance. Despite policy frameworks that emphasize the value of local governance at an international, regional, and statewide level, Alaskan tribes face unique obstacles to exercising their authority, with consequences for both human development and human rights. This Article examines how territoriality was lost and analyzes the four major effects of this loss on tribal governance. It then describes two distinct but complimentary strategies to rebuilding tribal governance authority that rely on both territorial and non-territorial authority.
Traditional Cultural Districts: An Opportunity for Alaska Tribes to Protect Subsistence Rights and Traditional Lands
Elizaveta Barrett Ristroph
PDF
Alaska tribes have limited control over their traditional lands and waters. Tribes may increase their influence through a Traditional Cultural District designation under Section 106 of the National Historic Preservation Act. This designation does not stop development, but requires federal agencies to consult with tribes regarding potential development that may impact the district. The consultation right applies regardless of whether a tribe owns or has formally designated the district. In Alaska, where no Traditional Cultural Districts exist as of 2014, there is potential for designating large areas of land or water that correspond to the range of traditionally important species.
Colorado River Indian Tribes Sue Interior over Modified Blythe Solar Power Project
Here is the complaint in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
An excerpt:
This complaint challenges the actions of Defendants U.S. Department of Interior, U.S. Bureau of Land Management, and their officials (collectively, “BLM” or “Defendants”) in approving the Modified Blythe Solar Power Project (“Blythe II” or “Project”), a utility-scale solar energy generation facility slated for development on federal land northwest of Blythe, California. As set forth below, this Court has jurisdiction over this action because it presents questions of federal law, involves federal defendants, and involves a federally recognized Indian tribe as plaintiff in a suit against federal defendants. 28 U.S.C. §§ 1331, 1361, 1362.
The Project site is located within the ancestral homelands of the members of the Colorado River Indian Tribes (“CRIT” or “Tribes”), whose reservation begins just a few miles northeast of the site. The religion and culture of CRIT’s members are strongly connected to the physical environment of the area, including the ancient trails, petroglyphs, grindstones, hammerstones, and other cultural resources known to exist there. The removal or destruction of these artifacts and the development of the Project as planned will cause CRIT, its government, and its members irreparable harm.
Yakama Nation Sues US Fish & Wildlife Service over Rattlesnake Mountain Bus Tours that Implicate Sacred Sites
Here is the complaint in Confederated Tribes and Bands of Yakama Nation v. USFWS (E.D. Wash.):
Yakama v USFWS – wildflower tours
An excerpt:
This action relates to agency decisions and actions by the U.S. Fish and Wildlife Service and named officials thereof to conduct guided bus tours for members of the general public on Rattlesnake Mountain within the Hanford Reach National Monument (HRNM). The mountain is considered by the plaintiff to be of great religious and cultural importance, and for that reason the site has been federally designated as a Traditional Cultural Property (TCP) under the NHPA. The defendants concluded in April 2012 that the guided wildflower tours will have no adverse effect on the TCP, and plaintiff seeks judicial review of this finding. In addition, the defendants are seeking judicial review of a final agency action proceeding with scheduled public wildflower tours in 2014 despite a lack of concurrence by both the plaintiff and the State Historic Preservation Officer (SHPO), and subsequent violations of consultation procedures required by the NHPA.
Turtle Talk 
You must be logged in to post a comment.