Federal Court Affirms Some 638 Contract Denials re: Northern Arapaho Tribe, Remands Others

Here are the materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

131 NAT Motion for Summary Judgment

140 US Cross Motion

146 NAT Reply

149 US Reply

175 DCT Order

An excerpt:

The Court affirms the BIA’s declinations of NAT’s second and third judicial services proposals, wildlife resources management proposal, and water resources management proposal. The Court reverses the BIA’s declination of NAT’s youth court proposal, to the extent that the declination improperly relied upon post-hoc justifications, and NAT’s first judicial services proposal. We remand these proposals to the BIA for reconsideration.

Prior posts here.

Motion for TRO Rejected in Northern Arapaho Tribe v. LaCounte

Here are the materials in Northern Arapaho Tribe v. LaCounte (D. Mont.):

115 NAT Motion for TRO

123 Federal Response

127 Reply

147 DCT Order Denying Motion for TRO

An excerpt:

Negotiations concerning the operation of the two courts are ongoing. Interactions between the courts are, and will be, varied, continual, and context-specific. An order from the Court would prove an undesirable and perhaps unwieldy solution, particularly as opposed to a protocol negotiated by the parties. The Court especially is not the proper arbiter for the dispute while the parties continue to negotiate an MOU. An MOU would provide a set protocol that the Court could evaluate. The addition of an MOU to the factual record would aid the Court in coming to a more accurate, useful resolution to the issues presented.

Ninth Circuit Briefs in Northern Arapaho Tribe v. LaCounte

Here:

BIA Opening Brief

Northern Arapaho Tribe Answer Brief

Other briefs TK.

Lower court materials here.

Updated Materials in Suit over N. Arapaho from Wind River Joint Business Council

Here are the new materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

17-1 NAT Motion for PI

26 Shoshone Business Council Motion to Dismiss

28 Tribal Court Parties Motion to Intervene

40 Shoshone Business Council Response to 17

44 DOI Response to 28

45 Shoshone Business Council Response to 28

49 NAT Reply in Support of 17

50 DCT Order Denying Motion to Intervene

51 NAT Response to 26

Complaint here.

Northern Arapaho Tribe Sues BIA

Here is the complaint in Northern Arapaho Tribe v. Lacounte (D. Mont.):

1 Complaint