NEPA

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.

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.

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.

Tenth Circuit Holds BLM Violated NEPA in Approving Chaco Canyon Fracking

Matthew L.M. Fletcher

Here is the opinion in Diné Citizens Against Ruining Our Environment v. Bernhardt.

Briefs here.

Yellowstone Bison Environmental Suit Dismissed

Matthew L.M. Fletcher

Here are the materials in Cottonwood Environmental Law Center v. Bernhardt (D. Mont.):

33 Motion to File Second Amended Complaint + Proposed Complaint

36 State Response to 33

38 Federal Response to 33

39 Reply in Support of 33

45 DCT Order Granting 33

48 Federal Motion to Dismiss

50 State Motion to Dismiss

53 Plaintiff Motion to Stay

54 Response to 48 and 50

57 Federal Reply in Support of 48

58 State Reply in Support of 50

62 Reply in Support of 53

81 DCt Order