Briefing in Navajo Law Enforcement Employee Claim for Higher Wages under 638 Contract

The case is Boye v. United States and is pending in the Federal Circuit:

Boye Opening Brief

Government Brief (Boye)

The lower court decision is here.

Ninth Circuit Allows EEOC Claim against Peabody Coal to Proceed; EEOC and Navajo May Seek Injunctive Relief

Ah, Rule 19!

Here is Judge William Fletcher’s opinion in EEOC v. Peabody Coal. Here are the briefs.

And supplemental authority filed by the Navajo Nation: Austin v Andrus Brief.

Stockbridge Munsee Briefs in Brotherton Land Claim

As Indianz reported yesterday, the Third Circuit vacated a part of the district court order dismissing the Unalatchtigo Band of Nanticoke-Lanni Lenape Nation’s land claim for the Brotherton Indian Reservation involving the Stockbridge-Munsee Indian Community.

Here are the briefs (opinion here):

Stockbridge Munsee Community Brief

Appendix I

New Jersey Brief

New Jersey Land Title Assn Amicus Brief

Stockbridge Munsee Reply Brief

Federal Court Increases Slot Machine Pool in California to 55,000+

Here are the materials in Rincon Band v. Schwarzeneggar:

DCT Order Granting Additional Slot Machines

Rincon Motion for Partial Summary J

Cali Opposition re Motion for Partial Summary J

Rincon Reply

News article here, via Pechanga.

Federal Court Dismisses Long-Running Jamul Election and Land Disputes

Here is the opinion in Rosales v. United States (Ct. Cl.) — Rosales DCT Order Dismissing Complaints

US Motion to Dismiss Rosales Complaints

Rosales Opposition

US Reply Brief

Ninth Circuit Affirms Injunction against Waste Disposal Facility on Indian Allotment

Not sure what tribe is involved, but this case (United States v. Tarlow Realty, Inc.)  involves the government’s efforts to shut down a waste disposal unit on an Indian trust allotment. It succeeded. Of note, the unpublished opinion offers this commentary about the potential conflict of interest demonstrated by the government:

Finally, we note that the Government instigated this suit at the behest of two different federal agencies — the EPA and the BIA — and that it thus represents both the general public and the allottees, whose interests may diverge in some respects. Congress permits the Government to serve dual advocacy roles as environmental steward and allotment trustee, see Nevada, 463 U.S. at 128, 135 n.14, but the Government’s focus in this case on the former, with little evident regard for the latter, raises some concern. The statutory scheme governing third-party commercial use of allotted land places the Government, in its capacity as landowner and trustee, in the paternalistic position of sanctioning only those land uses which strike an appropriate balance between economic development for the allottees and the impact of that development on the environmental health and safety of the allotment property and surrounding community. See 25 U.S.C. §§ 348, 415(a); Segundo v. City of Rancho Mirage, 813 F.2d 1387, 1393 (9th Cir. 1987); Yavapai-Prescott Indian Tribe v. Watt, 707 F.2d 1072, 1074-75 (9th Cir. 1983); United States v. S. Pac. Transp. Co., 543 F.2d 676, 698, 699 (9th Cir. 1976). In litigating this case, the Government has vigorously pursued its role as advocate for the environment and the general public, and admirably so, but it may have given shorter shrift to its role as representative of the economic interests of the allottees. In fact, nowhere in the record or the Government’s brief is there a discussion of how and whether this litigation serves the allottees’ welfare. We suspect that enjoining further operation of the waste disposal facility and redeveloping the property probably does serve their long-term economic interests, but the Government’s failure to so much as mention its obligation in this regard leaves the impression, right or wrong, that it may have eschewed this duty altogether. Nevertheless, while in different circumstances that might have affected the outcome, in this case we are satisfied that the Government did not act in excess of its authority.

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

Indian Law Cases Dominate Rule 19 Jurisprudence in the Ninth Circuit

Ah, nerd that I am about Rule 19….

Here is a case that has nothing to do whatsoever, so far as I can tell, about Indian law, but every single case cited by the court is an Indian law case — Regence BlueShield DCT Order

United Keetoowah Claim against IHS Dismissed on Rule 19 Grounds

Here are the materials over this dispute where the IHS transferred an Indian health facility to the Cherokee Nation, over United Keetoowah’s objections. The case is United Keetoowah Band v. Kempthorne (E.D. Okla.).

United States Motion to Dismiss

UKB Response Brief

United States Reply Brief

United Keetoowah v Kempthorne DCT Order

SCT Denies Cert in California Revenue Sharing Cases

The Supreme Court denied cert earlier this week in two of the cases that are part of a trilogy of California gaming cases (here is the Court’s order list). Those cases were docket nos. 08-931 (CACHIL DEHE BAND OF WINTUN) and 08-1030 (RINCON BAND OF LUISENO MISSION). A third petition is still pending, but one expects that one to be denied as well (no. 08-1208 — San Pasqual).

All of the petitions are available here.