Federal Court Issues Clarified Order in St. Regis Mohawk Land Claims (Fort Covington Area Claim)

In short, no dice. Here are the updated materials:

St. Regis Mohawk Motion for Clarification

US Motion for Clarification

USDC NDNY Canadian St. Regis v. New York – Corrected & Clarified Memorandum Decision & Order 7-23-2013

Prior order here.

Federal Court Dismisses Most St. Regis Mohawk Land Claims; Hogansburg Triangle Claims Survive

Here is the opinion in the case captioned Canadian St. Regis Band Mohawk Indians v. State of New York (N.D. N.Y.):

DCT Order July 9, 2013

News coverage here.

Magistrate report and recommendation here.

Objections and responses here:

St. Regis Mohawk Opening Brief

Akwesasne Mohawk Opening Brief

United States Opening Brief

Defendants’ Opening Brief

US Response

Canadian St. Regis Mohawk Response

NY Power Authority Response

St. Regis Mohawk Response

State and Municipal Defendants Response

NY Power Authority Reply

St. Regis Mohawk Reply

Canadian St. Regis Mohawk Reply

Municipal Defendants Surreply

NY Power Authority & State Surreply

 

St. Regis Mohawk Press Release and Briefs on Land Claim Litigation

Here.

Both the United States and the Mohawk plaintiffs make these arguments in briefs filed last Friday, November 16.  The United States stating, “In other New York land claims…dismissed by the Second Circuit, it was inarguable that the lands at issue had become heavily populated and developed by non-Indians in the years since New York unlawfully acquired the lands….That is not true here….the Mohawks… never departed the region and have remained a powerful enduring presence both as a government and as a population in the region and within the specific claim areas.”

As for the claim to the islands, the United States and the Mohawks have presented a unique argument that has never been considered in any other land claim because of the particular facts of the case.   “The Department of Justice Attorneys and the Department of Interior met with tribal leadership recently and listened to our concerns.  They responded with the filing of a strong brief that supports the Tribe’s efforts and their own interests, as owners of the underlying title to some of the islands that make up the Power Project.” said Chief Randy Hart.

St. Regis Mohawk Brief

Akwesasne Mohawk Brief

United States Brief

Defendants’ Brief

Previous coverage here.

Federal Magistrate Recommends Denial of Motion to Dismiss St. Regis Mohawk Claims to Hogansburg Triangle

Here are the materials in St. Regis Mohawk Tribe v. State of New York (N.D. N.Y.):

9-28-12 Mohawk land claim ruling

State Defendants’ Motion to Dismiss

Municipal Defendants’ Motion to Dismiss

NY Power Authority Motion to Dismiss

Canadian St. Regis Mohawk Response

St. Regis Mohawk Response

US Response

State Defendants’ Reply

Muni Defendants’ Reply

NY Power Authority Reply

St. Regis Mohawk Supplemental Brief

Canadian St. Regis Mohawk Supplemental Brief

US Supplemental Brief

Joint State and Muni Supplemental Brief

NY Power Authority Supplemental Brief