NEPA

Nez Perce Tribe Sues over Approval of Open Pit Gold Mine

Matthew L.M. Fletcher

Here is the complaint in Nez Perce Tribe v. United States Fish and Wildlife Service (D. Idaho):

1 Complaint.pdfDownload

San Carlos Apache Tribe Renews Opposition to Oak Flat Copper Mine

Matthew L.M. Fletcher

Here are new materials in San Carlos Apache Tribe v. Dept. of Agriculture (D. Ariz.):

99 DCT Stay Order.pdfDownload
104 Second Amended Complaint.pdfDownload
105 Motion for Injunction.pdfDownload

Sho-Ban Tribes Prevail (in part) in Challenge to BLM Land Transfer to Polluter

Matthew L.M. Fletcher

Here are the materials in Shoshone-Bannock Tribes v. Daniel-Davis (D. Idaho):

1 Complaint.pdfDownload
37-1 Tribe MSJ.pdfDownload
50 CBD Amicus Brief.pdfDownload
60-1 Simplot MSJ.pdfDownload
61-1 Federal MSJ.pdfDownload
74 Tribe Reply.pdfDownload
80 Federal Reply.pdfDownload
82 Simplot Reply.pdfDownload
89 DCT Order.pdfDownload

Nevada Tribes Sue Interior over Lithium Mine Approvals

Matthew L.M. Fletcher

Here is the complaint in Reno-Sparks Indian Colony v. Haaland (N. Nev.):

1 Complaint.pdfDownload

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Matthew L.M. Fletcher

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Tribal Opening Brief.pdfDownload
Federal Brief.pdfDownload
Powertech Brief.pdfDownload
Tribe Reply.pdfDownload

Prior post here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Matthew L.M. Fletcher

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Tribal Opening Brief.pdfDownload
Federal Brief.pdfDownload
Powertech Brief.pdfDownload
Tribe Reply.pdfDownload

Prior post here.

Ninth Circuit Briefs on Chilkat Indian Village v. BLM

Matthew L.M. Fletcher

Here:

Chilkat Opening Brief

Federal Answer Brief

Intervenor Answer Brief

Reply

Lower court materials here.

Seeking Tribal Government Comments on Proposed NEPA Rules

Neoshia Roemer

Recently, the White House Council on Environmental Quality released new proposed rules for the National Environmental Policy Act. The proposed rules would significantly change the environmental permitting process and gut the review process, impacting tribal interests throughout Indian Country.

Comments are now open. Anyone, individuals or tribal governments, may submit comments on these rules. Importantly, comments and collecting evidence of negative impacts are very important at this stage in the process to preserve future legal claims. Tribal governments are strongly encouraged to submit comments. Comments are open until March 10, 2020.

Currently, the MSU Indian Law Clinic is collaborating with Earthjustice to create a general comment letter to submit regarding how the proposed rules impact tribal interests. Additionally, Earthjustice is seeking to support and assist tribes who would like to submit a comment letter. Please contact Stefanie Tsosie (Senior Associate Attorney at Earthjustice) here if you have questions or would like further assistance drafting a comment letter.

For more information on the proposed NEPA rules, please see this NEPA Factsheet and this article in NPR about the impacts of these rules.

U.S. Atomic Safety and Licensing Board Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Matthew L.M. Fletcher

Here is the order in In re Powertech (USA):

in-re-powertech.pdf

News coverage here.

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

Matthew L.M. Fletcher

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

Briefs here.