SCOTUS Denies Cert in Three Indian Law Matters

Here is yesterday’s order list.

The Court denied cert in Harvey v. Ute Indian Tribe, Osage Wind LLC v. Osage Minerals Council, and Stand Up for California v. Dept. of Interior.

SG Recommends Denial in Osage Wind and Ute Tribal Exhaustion Cases

Here is the government’s invitation brief in Harvey v. Ute Indian Tribe:

SG Brief [Ute]

Here is the government’s brief in the Osage Wind matter:

SG Brief [Osage]

Osage Wind LLC v. Osage Minerals Council Cert Petition


Petition for a Writ of Certiorari

Questions presented:

1. Whether the court of appeals had jurisdiction over the appeal filed by a nonparty when the nonparty did not participate in any capacity in the district court proceedings.

2. Whether the Tenth Circuit improperly invoked the Indian canon of construction to deprive surface-estate owners who are members or successors-in-interest to Indian tribe members of important property rights by overriding clear regulatory language for the express purpose of favoring the economic interests of an Indian tribe without examining congressional intent.

Lower court materials here.


Osage Minerals Council BIO


SG Brief [Osage]

Petitioner Supplemental Brief