Sixth Circuit – Page 9

Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. The issue of whether class III gaming on the casino property will violate IGRA if the Tribe’s MILCSA trust submission is successful is not ripe for adjudication because it depends on contingent future events that may never occur. The injunction was therefore not properly entered.

Briefs are here.

Lower court materials here.

Sixth Circuit Amicus Briefs in Saginaw Chippewa Indian Tribe v. NLRB

December 16, 2013Matthew L.M. Fletcher1 Comment

Here:

Chickasaw Nation Amicus Brief

NCAI Amicus Brief

American Indian Law Scholars Amicus Brief

Ute Mountain Ute Amicus Curiae Brief

SCIT’s opening brief is here.

Opening Briefs in Chickasaw and Saginaw Chippewa Challenges to NLRB Jurisdiction

December 12, 2013Matthew L.M. Fletcher3 Comments

Here is the brief in Chickasaw Nation v. NLRB (10th Cir.):

Chickasaw Brief and Addendum FILED

And here is the brief in Saginaw Chippewa Indian Tribe v. NLRB (6th Cir.):

Saginaw – NLRB – Brief filed on 12-6-13

Sixth Circuit Rejects Challenge to Eagle Mine

October 30, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Huron Mountain Club v. United States Army Corps of Engineers:

CA6 Unpublished Opinion

Huron Mountain Brief

Federal Brief

Kennecott Eagle Minerals Company Brief

Huron Mountain Reply

An excerpt:

Plaintiff-Appellant Huron Mountain Club (“HMC”) appeals the district court’s denial of its motion for injunctive relief, which sought to enjoin Kennecott Eagle Minerals Company (“Kennecott”) from constructing and operating the Eagle Mine (“Eagle Mine” or “the Mine”), a nickel and copper mine in Marquette, Michigan, and compel the United States Army Corps of Engineers1 (the “Corps”) to “administer” the federal permitting programs under the Rivers and Harbors Act (“RHA”), 33 U.S.C. § 403, and the Clean Water Act
(“CWA”), 33 U.S.C. § 1344. We AFFIRM.

Lower court materials here.