Tag Archives: NHPA

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Here is the unpublished opinion in Caddo Nation v. Wichita and Affiliated Tribes.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

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, sovereign immunity | Tagged , , , , , , , ,

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.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , , , , , , , ,

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, trust relationship | Tagged , , , ,

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, trust relationship | Tagged , , ,

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 … Continue reading

Posted in Author: Kate E. Fort, cultural resources, Environmental | Tagged , , , , ,

Ninth Circuit Briefs in Battle Mountain Shoshone v. BLM

Here: Battle Mountain Opening Brief Carlin Resources Answer Brief Federal Answer Brief Lower court order here.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , | 1 Comment

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.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, trust relationship | Tagged , , | 1 Comment

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, NAGPRA, Research | Tagged , , , , , | 1 Comment

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights, trust relationship | Tagged , , , ,

Federal Court Dismisses Winnemem Tribe’s NAGPRA Claims

Here are the materials: DCT Order Denying Motion But DismissingNAGPRA Claims USFS Motion to Strike NAGPRA Claims Winnemem Opposition USFS Reply The court previously dismissed the tribe’s cultural property claims.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , ,