NHPA

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

Slockish v. Dept. of Transportation Cert Petition

Matthew L.M. Fletcher

Here:

slockish-petitionDownload

Question presented:

Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.

Lower court materials here.

D.C. Federal Court Dismisses Narragansett Challenge to Federal/State Highway Project that Impacts Providence Covelands

Matthew L.M. Fletcher

Here are the materials in Narragansett Indian Tribe v. Nason (D.D.C.):

43 Amended Complaint

47-1 State Motion to Dismiss

49 Tribe Response

50 Reply

53-1 Tribe Motion for Summary J

54 State Response

64 Federal Motion for Summary J

66 Tribe Response

68 Federal Reply

74-dct-orderDownload

Ninth Circuit Holds Challenge to Mount Hood Road is Moot Now that Road is Complete

Matthew L.M. Fletcher

Here is the unpublished opinion in Slockish v. FHA.

Briefs here.

Credit: Becket

Ninth Circuit Materials in Slockish v. FHA

Matthew L.M. Fletcher

Here:

Opening Brief

Indian Law Scholars Amicus Brief

Religious Groups Amicus Briefs

Religious Liberty Scholars Amicus Brief

Federal Answer Brief

Reply

Lower court materials here.

 

Federal Court Allows Narragansett Consultation Claim against Fed. Highway Admin. to Proceed

Matthew L.M. Fletcher

Here is the order in Narragansett Indian Tribe v. Nason (D.D.C.):

30 DCT Order

Prior post here.

Federal Court Transfers Narragansett Consultation Claims against Federal Highway Admin. to D.C. District Court

Matthew L.M. Fletcher

Here are the materials in Narragansett Indian Tribe v. Hendrickson (D. R.I.):

12 Motion to Dismiss

14 Tribe Motion to Transfer Venue

16 US Opposition to 14

17 Reply in Support of 14

18 Tribe Opposition to 12

20 Reply in Support of 12

21 Tribe Motion for Reconsideration

23 DCt Order Granting 14 on Reconsideration

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Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes.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

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.

Narragansett NHPA Consultation Suit

Matthew L.M. Fletcher

Here is the complaint Narragansett Indian Tribe v. Federal Highway Administration (D.R.I.):

1-complaint-2.pdf

An excerpt:

The Tribe brings this action to challenge the termination of a programmatic agreement(“PA”) entered into pursuant to the regulations of the National Historic Preservation Act (“NHPA”). The termination of the PA occurred after substantial construction had taken place on the project for which the PA was meant to address and resolve the adverse effects of the project on historic properties to the signatories’ satisfaction. The termination of the PA after substantial work had been performed on the project, and the subsequent final decision of the Federal Highway Association (“FHWA”) was arbitrary and capricious.