In short, no dice. Here are the updated materials:
St. Regis Mohawk Motion for Clarification
Prior order here.
In short, no dice. Here are the updated materials:
St. Regis Mohawk Motion for Clarification
Prior order here.
Here is the opinion in the case captioned Canadian St. Regis Band Mohawk Indians v. State of New York (N.D. N.Y.):
News coverage here.
Magistrate report and recommendation here.
Objections and responses here:
St. Regis Mohawk Opening Brief
Akwesasne Mohawk Opening Brief
Canadian St. Regis Mohawk Response
State and Municipal Defendants Response
Canadian St. Regis Mohawk Reply
NY Power Authority & State Surreply
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.
Previous coverage here.
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 Supplemental Brief
Canadian St. Regis Mohawk Supplemental Brief