Federal Court Rejects Diné CARE Challenge to Fracking Near Chaco Canyon

Here are the materials in Diné Citizens Against Ruining Our Environment v. Zinke (D.N.M.):

112 dine care opening brief

113 us response

117 reply

132 dct order


Chilkat Indian Village Suit over Mining Affecting Chilkat River [updated]

Here is the complaint in Chilkat Indian Village v. Bureau of Land Management (D. Alaska):

1 Complaint

43 Chilkat MSJ

57 Intervenor Opposition

58 Federal Opposition

59 Reply

61 DCT Order

Ninth Circuit Briefs in NEPA Challenge to Enterprise Rancheria Casino

Here are the briefs in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke:

Opening Brief

Tribe Answer Brief

Federal Answer Brief

Lower court materials here.

Lower Elwha and Federal Government Prevail in NEPA/ESA Suit in the 9th Circuit

NEPA and ESA challenges to hatchery approvals after removal of the Elwha Dam were brought by anti-hatchery environmental groups. The unpublished decision is here.


Motion for Injunction

Opening Brief

Tribal Answer Brief

Federal Answer Brief


Lower court materials here.

NEPA Challenge to Tule Wind Project Fails

Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.):

59-1 POCF Motion for Summary J

61-1 Tule Wind Cross Motion

64 Federal Motion

66 POCF Response

74 Federal Reply

75 Tule Wind Reply

80EWI Order Granting Defendants MSJ_3-6-17

Colusa Indian Community Loses Motion for Reconsideration in Challenge to Enterprise Rancheria Casino Project

Here are the materials in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Jewell (E.D. Cal.):

170 Motion for Reconsideration

171 US Opposition

172 Enterprise Rancheria Opposition

173 Reply

183 DCT Order

Ninth Circuit Rejects NEPA Challenge to NIGC Authority

Here is the opinion in Jamul Action Committee v. Chaudhuri.

The court’s syllabus:

The panel affirmed the district court’s denial of a petition for a writ of mandamus under the Administrative Procedure Act of a group of tribal members and organizations, alleging that the National Indian Gaming Commission violated the National Environmental Policy Act when it approved the Jamul Indian Village’s gaming ordinance for a casino in Jamul, California, without first conducting a NEPA environmental review. The district court held that the Gaming Commission’s approval of the 2013 gaming ordinance was not “major federal action” within the meaning of NEPA requiring the preparation of an environmental impact statement. Affirming on different grounds than the district court, the panel held that even if the GamingCommission’s approval of the gaming ordinance was a major federal action within the meaning of NEPA, the GamingCommission was not required to prepare an environmental impact statement because there was an irreconcilable statutory conflict between NEPA and the Indian Gaming Regulatory Act, pursuant to San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 648 (9th Cir. 2014) (holding that an agency need not adhere to NEPA “where doing so ‘would create an irreconcilable and fundamental conflict’ with the substantive statute at issue”).

Briefs here.


White Earth Nation/Honor the Earth Effort to Fight Enbridge Pipelines Fails

Here are the materials in White Earth Nation v. Kerry (D. Minn.):

71 Motion for Summary J

90 Enbridge Motion for Summary J

94 US Motion for Summary J

102 Plaintiff Opposition

103 US Reply

105 Enbridge Reply

113 DCT Order

Complaint here.