Here are the materials:
Complaint for Injunction and Dec. Relief
Motion for Preliminary Injunction
Here is the opinion in Osage Nation v. Wind Capital Group LLC (N.D. Okla.):
Here is the complaint.
Here:
A suit to stop construction and operation of wind turbines on top of the Osage mineral estate.
Here is the opinion in Deere v. Astrue (N.D. Okla.):
From the opinion:
As his third issue, plaintiff argues the ALJ’s finding that plaintiff can perform his past work as a case worker is not supported by substantial evidence because the ALJ failed to determine the physical and mental demands of his past work as a case worker for the Indian Tribe. The Court agrees.
The evidence is clearly conflicting as to whether plaintiff could meet the mental requirements of his former job as a case worker. As the ALJ pointed out, plaintiff’s activities and social engagement, during the relevant time, supported a finding that he had the capacity to work. However, conflicting evidence shows that plaintiff either quit his former job or was terminated purportedly due to the stress of taking children away from their parents. Dr. Billingsley opined that plaintiff’s PTSD may impact his ability to concentrate. [R. 462]. Although the ALJ entered extensive findings regarding plaintiff’s busy schedule of daily activities and his various social functions, he failed to factor whether plaintiff’s PTSD had any impact on his concentration, pace and persistence to perform his past job as a case worker. Moreover, Dr. Love “surmised” that plaintiff was not able on December 31, 2003 to function well in a stressful work environment. [R. 468]. Dr. Love was plaintiff’s treating physician during the relevant time. On remand, the ALJ is directed to apply the correct legal standard, by rating each of plaintiff’s functional capacities, prior to entering his determination whether plaintiff’s has the mental capacity to return to his past work as a case worker. As noted above, a prerequisite as to whether plaintiff can return to his past work is for the ALJ to complete a proper PTR Form. In addition, the ALJ is directed to analyze Dr. Love’s statement of July 20, 2007 [R. 468] under the treating physician rule; or enter factual findings or legal support to justify rejecting Dr. Love’s classification as plaintiff’s treating physician.
Here are the materials in Specialty House of Creation v. Quapaw Tribe (N.D. Okla.):
From the White House press release:
Arvo Mikkanen: Nominee for the United States District Court for the Northern District of Oklahoma
Arvo Mikkanen serves as an Assistant United States Attorney for the Western District of Oklahoma, a position he has held since 1994. From 1988 to 1994, Mikkanen was an associate attorney at Andrews Davis Legg Bixler Milsten & Price. During that same time, he also served as a trial and appellate judge for Court of Indian Offenses and Court of Indian Appeals for the Kiowa, Comanche, Apache, Wichita, Caddo, Delaware, Fort Sill Apache, Ponca, Pawnee, Kaw, Otoe-Missouria, and Tonkawa Tribes. From 1991 to 1994, he served as the Chief Justice of the Cheyenne-Arapaho Supreme Court. From 1987 to 1988, Mikkanen served as a law clerk to the Honorable Robert M. Parker of the U.S. District Court for the Eastern District of Texas, and from 1986 to 1987, he served as a law clerk to the Honorable Lawrence S. Margolis of the U.S. Claims Court. He received his J.D. in 1986 from Yale Law School and his B.A. in 1983 from Dartmouth College.
Here is that opinion: Gilmore v. Salazar II
The earlier order is here.
Here is the opinion in Gilmore v. Salazar (N.D. Okla.): Gilmore v. Salazar.
An excerpt:
Plaintiffs James E. Gilmore, Tammy S. Gilmore Springer, and Joanna K. Stand are members of the Quapaw Tribe of Oklahoma (the Tribe) and have an undivided percentage interest in the Sooner and/or Ottawa Chat Piles (the Chat Piles) located in northeastern Oklahoma. Chat was created as a byproduct of the mining process. Mining companies removed ore from the ground and stripped any valuable metals from the ore, and the remainder, chat, was stored on the surface in the form of chat piles. See Quapaw Tribe of Oklahoma v. Blue Tee Corp., 2008 U.S. Dist. LEXIS 51476, 2008 WL 2704482, *1 (N.D. Okla. July 7, 2008). Plaintiffs allege that the Chat Piles are subject to regulation by the United States government, because the Chat Piles are located, in whole or in part, on restricted Tribal land and the property is held in trust for the benefit of Tribal members. Dkt. # 2, at 4-5. However, the Estate of Joseph E. Mountford (the Estate) claims to hold title to approximately two-thirds of the Sooner Chat Pile, and Bingham Sand & Gravel Company, Inc. (Bingham) claims that it has title to at least three-fourths of the Ottawa Chat Pile. Id. at 5. The interests held by the Estate and Bingham are considered fee, or non-Indian, interests in the Chat Piles.
Here is the most recent update in Quapaw Tribe v. Blue Tee (N.D. Okla.):
According to Marilyn Vann, the Cherokee Nation has filed a motion either to dismiss the Cherokee Nation v. Nash case, or transfer it back to the Northern District of Oklahoma:
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