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

Amended Opinion from 9th Circuit in JAC v. Chadhouri

Download order and amended opinion here.

Link to previous coverage here.

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.

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.):

71 Motion for Summary J

We posted the complaint here.

Update in Jamul Action Committee v. Chaudhuri

Here are the new materials in Jamul Action Committee v. Chaudhuri (E.D. Cal.):

60-1 Jamul Action Committee Motion for PI

62 Tribal Opposition to Motion for PI

63 NIGC Opposition to Motion for PI

67 Jamul Action Committee Reply

75-1 Rosales & Toggery Motion to File Amicus

75-2 Rosales & Toggery Amicus Brief

83 Tribal Opposition

84 NIGC Opposition

92 DCT Order Denying Amicus Motion

Previous postings here and here.

Diné CARE Prevails in NEPA Challenge to Navajo Mine Expansion

Here are the materials in  Diné Citizens against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement (D. Colo.):

48 Diné CARE Opening Brief

53 OSMRE Response

54 BHP Navajo Response

55 Diné CARE Reply

79 DCT Order

News coverage here.

Posts on prior motion to dismiss and motion to intervene.

Third Amended Complaint and Answer in Stand Up For California v. Dept. of Interior

Here:

103 Third Amended Complaint

105 Interior Answer

Prior posts here, here, here, and here.

White Earth Nation v. Kerry — NEPA Challenge to International Pipeline

Here is the complaint, filed in the District of Minnesota:

1 Complaint

Briefs in NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

Here are selected materials so far in Donelson v. United States (N.D. Okla.):

46 First Amended Complaint

124 B&G Motion to Dismiss

136 Devon Motion to Dismiss

148 US Motion to Dismiss

162 Donelson Response to B&G Motion to Dismiss

163 Donelson Response to Devon Motion to Dismiss

166 Donelson Response to US Motion to Dismiss

170 B&G Reply

174 US Reply

175 Devon Reply

Update (2/28/17):

229 DCT Order Dismissing Claims