Northern District of Oklahoma – Page 7

Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal communities have been tragically affected, as have other communities in Oklahoma. Numerous cities, counties and states throughout the country, including the state of Oklahoma, have filed lawsuits against various opioid manufactures, pharmaceutical distributors, and other businesses allegedly responsible for the proliferation of opioid drugs. This proceeding concerns a lawsuit by the Cherokee Nation against a number of opioid distributors and pharmacies. However, the question before the Court is not the merits of the Cherokee Nation’s lawsuit but rather the boundaries of tribal court jurisdiction. The Attorney General of the Cherokee Nation has filed suit not in state court but in the tribal district court of the Cherokee Nation. Do the tribal courts of the Cherokee Nation have jurisdiction over this particular action? The Court finds they do not.

Briefs here.

Federal Court Dismisses Pawnee Effort to Challenge Oil and Gas Leases

September 19, 2017September 19, 2017Matthew L.M. Fletcher

Here are the materials in Pawnee Nation of Oklahoma v. Zinke (N.D. Okla.):

Federal Court Dismisses Kialegee Tribal Town v. Dillinger for Lack of Federal Question

August 30, 2017Matthew L.M. Fletcher

Here are the materials in Kialegee Tribal Town v. Dellinger (N.D. Okla.):

2 Complaint

4 Motion for PI

8 DCT Order

an excerpt:

The Court finds that it lacks subject matter jurisdiction over this case because plaintiffs have not shown in their complaint that the Court would be required to resolve a substantial and disputed question of federal law. Plaintiffs’ complaint identifies an issue of federal law concerning the enforcement of IGRA by an Indian tribe, but plaintiffs have not adequately alleged facts supporting even an inference that the MCN was seeking to enforce IGRA. Dellinger’s letter strongly supports the conclusion that the MCN was seeking to enforce its own laws when it took possession of the Bruner allotment. The law is clearly established that federal courts lack the authority to resolve disputes over tribal law, and such disputes fall exclusively within the jurisdiction of tribal courts. Attorney’s Process & Investigation Servs., Inc. v. Sac & Fox Tribe of Mississippi in Iowa, 609 F.3d 927, 943 (8th Cir. 2010); Wheeler v. United States Dep’t of Interior, Bureau of Indian Affairs, 811 F.2d 549, 551-52 (10th Cir. 1987). The Court lacks jurisdiction to hear matters solely concerning the interpretation of tribal law, and plaintiffs must litigate their case in tribal court to the extent that plaintiffs’ contest the enforcement of tribal gaming laws. As the parties seeking to invoke the jurisdiction of this court, plaintiffs bear the burden to establish that “federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Franchise Tax Bd. of State of California, 463 U.S. at 27-28. Plaintiffs have failed to meet their burden, and this case should be dismissed.

Cherokee Nation Says Recent 10th Cir. Decision Supports Tribal Court Jurisdiction Over Drugmakers

August 18, 2017Sarah M Donnelly

Download(PDF) brief in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Doc. 107 – Supplemental Memorandum of Defendant Attorney General Todd Hembree In Opposition to Plaintiffs’ Motion for a Preliminary Injunction

Links: Previous posts, Murphy v. Royal (10th Cir. Aug. 8, 2017)

Cherokee Nation Briefs Asserting Tribal Court Jurisdiction Over Drug Makers

July 24, 2017Sarah M Donnelly

Here are the materials in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Doc. 86 – Memorandum of Defendant Attorney General Todd Hembree in Opposition to Plaintiffs’ Motion for a Preliminary Injunction

Doc. 95 – Response of Judicial Officers to Motion for Preliminary Injunction

Complaint and motion previously posted here.

Tribal court complaint previously posted here.

Drug Companies Challenge Cherokee Tribal Court Jurisdiction in Federal Court

June 12, 2017June 12, 2017Matthew L.M. Fletcher18 Comments

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

2 Complaint

13 Motion for Injunction

The tribal court complaint in Cherokee Nation of Oklahoma v. McKesson Corp. is here.

Pawnee Nation & Walter Echo-Hawk Sue over Fracking

November 21, 2016November 21, 2016Matthew L.M. Fletcher3 Comments

Here is the complaint in Pawnee Nation v. Jewell (N.D. Okla.):

2 Complaint

Here is the press release:

PAWNEE NATION OF OKLAHOMA FILES SUIT TO PROTECT TRIBAL LANDS AND WATER FROM ILLEGAL OIL AND GAS DRILLING.

November 18, 2016: Today, the Pawnee Nation of Oklahoma, and tribal member Walter Echo-Hawk, filed suit against the United States Bureau of Indian Affairs (BIA) and Bureau of Land Management (BLM) to challenge federal oil and gas approvals on Pawnee lands. The lawsuit seeks to set aside numerous oil and gas leases and drilling permits approved in recent years that violate both federal and tribal law.

BLM and BIA issued the oil and gas approvals without consulting with the Nation or complying with tribal natural resource protection laws, including a 2015 Pawnee moratorium on new oil and gas approvals. The agencies also ignored the impacts of the drilling they were approving on the adjacent Cimarron River and its contribution to the wave of induced earthquakes that have rocked Oklahoma in recent years.

“Today the Pawnee Nation has taken the first steps towards asserting our right to protect our natural resources so that future generations will have full enjoyment of them. Since the very beginning we have only asked that our trustees provide us with adequate notice, recognize our legal authority to assert our constitutional rights as a sovereign nation, and help ensure that irresponsible actors are held accountable for their actions on our lands.” Andrew Knife Chief, Executive Director Pawnee Nation of Oklahoma.

The lawsuit, filed in U.S. District Court for the Northern District of Oklahoma, alleges that BIA and BLM violated the National Environmental Policy Act (NEPA) and the federal government’s duties as trustee to the Pawnee Nation and its members, as well as other statutes. In addition to BLM and BIA, Secretary of Interior Sally Jewell is named as a defendant. The Pawnee Nation and Mr. Echo-Hawk are represented by the public interest law firm Earthjustice.

The lawsuit follows a moratorium on leasing and hydraulic fracturing approvals adopted in October 2015 by the Pawnee Nation. Recognizing the new and different risks posed by modern hydraulic fracturing operations, the Pawnee called for a time out on leasing and permit approvals until the Nation, BIA and BLM can jointly develop a policy to address earthquakes and other concerns. BIA and BLM have not honored the moratorium, however.

“It bothers us that the Pawnee Nation has asked for a moratorium on the Fracturing process conducted on our lands and have largely been ignored, we have stated that ‘we aren’t against oil and gas production’ but we are certainly against methods which hurt our land base, minerals and water. The earthquakes are a great motivator, for us to move to protect our land, resources and people.” W. Bruce Pratt, President, Pawnee Nation.

The risks driving the Pawnee moratorium include potential water pollution, harm to tribal water rights, and the threat of earthquakes from disposal of fracturing waste water. Despite these issues, BIA and BLM have approved drilling operations along the Cimarron River without consulting with the Nation.

The Nation’s fears were realized in early September 2016, when the largest earthquake in Oklahoma history (magnitude 5.8) struck the Pawnee area. The quake damaged many of the Nation’s administrative buildings as well as Mr. Echo-Hawk’s house, and caused structural damage to numerous other homes and buildings. The lawsuit charges that under NEPA, the federal agencies must analyze the threat of earthquakes and disclose that information to the public before approving oil and gas development that requires hydraulic fracturing.

“Unfortunately the risks have become too great, the needs too urgent, and the time too short for us to act. What we are asking for is a reasoned approach to solving the earthquake issues that affect the entire State of Oklahoma and we are hopeful that our taking this step will begin that process.” Andrew Knife Chief, Executive Director Pawnee Nation of Oklahoma.

Echo-Hawk is a tribal member who joined the lawsuit as a landowner affected by federal oil and gas development of Indian lands. “This lawsuit seeks to make federal agencies accountable to federal and tribal law when developing Indian resources,” he said, “and that includes accountability from man-made earthquakes caused by that activity.” The plaintiffs hope the public interests of all Oklahomans will be served by making the federal government respond to the earthquake crisis that confronts the entire state, rather than ignoring this growing public safety concern.