Here is that order: 2010-07-02 Order transferring Oklahoma case to DC
Northern District of Oklahoma
Muscogee Tax Dispute Remanded to State Court
Here is the opinion in Oklahoma ex rel. Edmundson v. Larkin (N.D. Okla.): DCT Order Remanding to State Court
Federal Court Rejects Quapaw Tribe’s Parens Patriae Claims
Here is the most recent opinion in Quapaw Tribe v. Blue Tee Corp. (N.D. Okla.) (Quapaw v Blue Tee DCT Order), where the court rejects most of the claims of the Tribe on grounds that it does not have standing to pursue land claims on behalf of individual tribal citizens. An earlier opinion dismissing the Tribe’s related claims against the United States is here.
Federal Court Denies Injunction in Muscogee Cigarette Seizure Case
Thanks to Mike for this. Here’s a news article on this case.
A federal court dismissed a request for an injunction against the Oklahoma Tax Commission for seizing tobacco products owned by the Muscogee (Creek) Nation. State law enforcement had seized the smokes on some pretty spurious grounds, pulling the trucks over for “weaving” and “following too close” (not texting!?!). The court rejected most of the Commission’s defenses, including standing and sovereign immunity, but dismissed the claim on the basis that Indian tribes are not “persons” that can sue under Section 1983, per Inyo County.
Sounds to us like a Section 1983 legislative “fix” is in order, too, like all the other problems created by the Supreme Court in the last decade.
More later.
Tyson Chicken Successfully Asserts Cherokee Treaty Rights in Environmental Defense
As we reported last fall here, poultry producers including Tyson Chicken asserted that many of the State of Oklahoma’s efforts to enforce state environmental laws against them must fail because the waterways at issue are owned at least in part by the Cherokee Nation. The Northern District of Oklahoma substantially agreed.
Here is the opinion (thanks to M.M.) — Tyson Opinion and Order
Fletcher v U.S. — Suit re: Osage Headright Trust Funds Continues on Remand
The United States moved to dismiss the claim, largely on Rule 19 grounds, but the Northern District of Oklahoma denied the motion.
fletcher-opposition-to-government-motion
A recently filed motion from the plaintiffs for partial summary judgment is lurking — fletcher-motion-for-partial-summary-judgment
District Court Refuses to Dismiss ERISA Claim against Tribal Business
Here are the materials in Vandever v. Osage Nation Enterprises, out of the Northern District of Oklahoma. The court rejected a magistrate report and recommendation to dismiss an ERISA claim against ONE and the Osage Nation, and also rejected a request by the Nation to require the plaintiff to exhaust tribal court remedies.
Seneca-Cayuga Suit against Okla. AG re: Tobacco MSA Allowed to Proceed
Here is the opinion from the Northern District of Oklahoma in Seneca-Cayuga Indian Tribe v. Edmondson — seneca-cayuga-v-edmondson-dct-order
Section 1362 strikes again!
Osage Nation v. Oklahoma Tax Commission — Reservation Diminishment
The Northern District of Oklahoma recently rejected the claims of the Osage Nation that Osage County is Indian Country (news article, via Indianz) — osage-nation-v-otc-dct-order
Here are the materials:
osage-opposition-to-motion-to-dismiss
otc-reply-brief-in-support-of-motion-to-dismiss
otc-supplemental-brief-motion-for-summary-judgment
Turtle Talk 
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