NHPA

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

Kate Fort

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

Matthew L.M. Fletcher1 Comment

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

Matthew L.M. Fletcher1 Comment

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

Matthew L.M. Fletcher

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.

Federal Court Dismisses Winnemem Tribe’s NAGPRA Claims

Matthew L.M. Fletcher

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.

Federal NAGPRA/NHPA Claims re: Mt. Hood Road Construction Survive Motions to Dismiss … For Now

Matthew L.M. Fletcher

Here are the materials in Slockish v. FHA (D. Or.):

Magistrate Report in Slockish

DCT Order in Slockish

 

Te-Moak Shoshone Tribe Forces Reconsideration of BLM Approval of Cortez Gold Mines

Matthew L.M. Fletcher2 Comments

Here is the Ninth Circuit’s opinion in Te-Moak Tribe of Shoshone Indians v. DOI.

An excerpt:

Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe (“the Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Mine Watch (“GBMW”) (collectively, “Plaintiffs”) appeal the district court’s denial of their motion for summary judgment, and the grant of summary judgment to the Department of the Interior (“DOI”), the Bureau of Land Management (“BLM”), several officers of the BLM, and intervenor Cortez Gold Mines, Inc. (“Cortez”) (collectively, “Defendants”). Plaintiffs contend that the BLM’s approval of Cortez’s amendment to a plan of operations for an existing mineral exploration project in Nevada violated the National Environmental Policy Act (“NEPA”), the National Historic Preservation Act (“NHPA”), and the Federal Land Policy and Management Act (“FLPMA”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm the district court with respect to Plaintiffs’ NHPA and FLPMA claims, and we reverse and remand for further proceedings with respect to one of their NEPA claims.