Tag Archives: Navajo Nation

Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant

Here is the opinion in Diné Citizens against Ruining Our Environment v. Bureau of Indian Affairs. Briefs here.

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

NYT on ICWA and the Brackeen Case

Here

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Transfer to Tribal Court Case from Colorado [ICWA]

Here is a case that continues to demonstrate the importance of ensuring a state ICWA law allows transfer of cases post-termination. Navajo Nation intervened and appealed the decision to deny transfer (and to move the children back to the former, … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , ,

Federal Court Dismisses Title VII Suit against Shiprock Schools (tribally controlled school)

Here are the materials in Jim v. Shiprock Associated Schools (D.N.M.): 23-shiprock-schools-motion-for-summary.pdf 27-response.pdf 28-reply.pdf 34-dct-order.pdf

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

Supreme Court Denies Cert in Carter v. Washburn (Sweeney) [ICWA Class Action]

Here is the order. Here is the case page. This should be the end of this litigation (the original 2015 “Goldwater case”), as the Ninth Circuit vacated and remanded the case below to have it dismissed as moot.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , , , , ,

Arizona Court of Appeals Requires Qualified Expert Witness in Guardianships [ICWA]

Here Although ICWA does not explicitly recognize “permanent guardianships,” a comparison of Arizona’s statute for permanent guardianship and ICWA’s definition for a “foster care placement” shows that ICWA applies in permanent guardianships. *** Section 1912(e)’s plain language states that no … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Federal Court Splits Liability under CERCLA for 19 Uranium Mines at Navajo

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.): 186 US Post-Trial Brief 187 El Paso Post-Trial Brief 203 US Reply 204 El Paso Reply 217 DCT Order Prior posts here.

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

Federal Court Excuses Insurance Company from Tribal Court Jurisdiction

Here are the materials in Employers Mutual Casualty Company v. Branch (D. Ariz.): 1 Complaint 1-2 Coconino County Court Materials 15 EMCC MSJ 22 Navajo MSJ 25 EMCC Reply 28 Navajo Reply 32 DCT Order

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

Update in Gold King Mine Release Case

Here are updated materials in In re Gold King Mine Release in San Juan, County on August 5, 2015 (D.N.M.): 166 DCt Order re EPA Contractors 167 DCT Order re Harrison Western 168 DCT Order re Sunnyside Gold Earlier materials … Continue reading

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

Brackeen Oral Argument Audio

Here. Briefs and materials here.

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