New York Federal Court Rejects Shinneock Eel Harvesting Claims

Here is the opinion in Silva v. Parrish (E.D. N.Y.):

Briefs here.

Silva v. Farrish – Shinnecock Fishing Case Summary Judgment Briefings

Here are the pleadings in Silva v. Farrish (E.D. N.Y.):

152 NCAI and Shinnecock Kelp Farmers Amicus Brief

154 USET Amicus Brief

159 GLIFWC Amicus Brief

160 Law and History Professors Amicus Brief

161-11 Pls’ MoL in Supp of SMJ

161-14 Defs’ MoL in Opp’n to Pls’ SMJ

161-15 Pls’ Reply MoL

162-1 Defs’ MoL in Support SJM

162-33 Pls’ MoL in Opp

162-35 Defs’ Reply MoL

Prior post here.

Unkechauge Indian Nation v. Seggos Cert Petition

Here:

Questions presented:

Whether the District Court violated Petitioners’ due process rights by granting summary judgment without first fulfilling its gatekeeping obligation under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), to rule on the parties’ pending motions to exclude or limit expert testimony?

Whether the District Court erred by relying on the Respondents’ expert witness in its summary judgment decision without first addressing the Petitioners’ motion to exclude or limit Respondents’ expert’s testimony under Daubert?

Whether the District Court violated Petitioners’ due process rights by failing to conduct an in camera review of 4,780 documents withheld by Respondents under claims of privilege, despite having ordered such a review and having possession of the documents since May 2019?

Whether the Court improperly analyzed the Andros Treaty by not finding the Treaty ambiguous and conducting the Indian Canons analysis?

Whether the Court misapprehended the law in finding the Andros Treaty not valid under Federal law?

Lower court materials here.

Second Circuit Rejects Unkechauge Eeling Rights

Here is the opinion in Unkechauge Indian Nation v. Seggos.

Briefs here.

Second Circuit Briefs in Unkechauge Indian Nation v. New York State Dept. of Environmental Conservation

Here:

Second Circuit Affirms Conviction of Conspirator in Wakpamni Frauds

Here are the available materials in United States v. Archer:

We’ve posted on the Wakpamni Lake Community Corporation frauds (plus a bunch of other cases involving this litigious entity) at great length, tag here. For materials on this specific character, Archer, see here.

Harvard Law Review Casenote on Silva v. Parrish

Here.

Link to the opinion here.

Second Circuit Allows Thruway Trespass Suit against New York to Proceed

Here are the materials in Seneca Nation v. Hochul:

Lower court materials here.

Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.

Federal Court Rejects Seneca Effort to Vacate Judgment on Gaming Payments to State

Here are the new materials in Seneca Nation v. State of New York (W.D. N.Y.):