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

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

Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes.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

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

Briefs here.

Narragansett NHPA Consultation Suit

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.

Federal Court Dismisses Remaining Claims in Winnemem Effort to Protect Coonrod Flats

Here are the materials in Winnemem Wintu Tribe v. Dept. of Interior (E.D. Cal.), also known as Franco v. USFS:

150 Supplemental Brief

155 Tribe Brief on Remedies

156 US Brief on Remedies

160 DCT Order on Reconsideration

Prior post here.

Documents on the Aquila Resources Back 40 Mine Permit from Menominee Indian Tribe of Wisconsin

Menominee Indian Tribe of Wisconsin’s press release on the Michigan Department of Environmental Quality’s decision to grant a mine permit for the Back 40 Mine, an open-pit gold, zinc, and copper mine next to the Menominee River, which threatens cultural properties and sacred sites. Tribal resolution in opposition to the mine.

Information on the Water Walk on September 21st in Stephenson, Michigan is here. Facebook page for the Remembering Our Ancestors event on September 22 is here. Letter from Red Cliff Band of Lake Superior Chippewa in support is also at that page.

Public hearing on the permit is October 6 at Stephenson High School. Written comments can be submitted to MDEQ until November 3.

Article on the NHPA issues with the mine from the ABA Native American Resources Committee Newsletter is here.

Op-ed in the Milwaukee Journal Sentinel here.

 

Federal Court Rejects Battle Mountain Shoshone Effort to Protect Historic Grounds

Here is the order in Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. Bureau of Land Management (D. Nev.):

78 DCT Order

Most of the pleadings are sealed so this is what we have.

Winnemem Wintu Tribe Prevails against Feds on Protecting Coonrod Flats, Loses on Other Sacred Sites Claims

Here are the materials in Winnemem Wintu Tribe v. Dept. of Interior (E.D. Cal.), also known as Franco v. USFS:

131-1 USFS Motion for Summary J

133-1 Winnemem Wintu Tribe Opposition

134 Winnemem Wintu Tribe Motion to Strike

136 USFS Opposition

139 Winnemem Wintu Tribe Reply

147 DCT Order

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.