Entries Tagged as 'Research'

May 16, 2008

United States v. Navajo Nation Cert Petition

The United States petitioned for cert in the ongoing Navajo Nation case over the Peabody Coal debacle. The Supreme Court held in 2003 that the Indian Mineral Leasing Act did not create a duty, but the Federal Circuit on remand resurrected the claim. Once again, the claim may give rise to $600 million in damages [...]

May 15, 2008

Ho-Chunk Nation v. Wisconsin Cert Petition

Ho-Chunk Nation has filed a cert petition in its dispute over revenue sharing with the State of Wisconsin.
Here is the petition — hcn-cert-petition
Here is the docket site — No. 07-1402.
Here are the rest of the materials — CA7 opinion and some briefs — rest of the materials.

May 15, 2008

Kickapoo v. Texas on Petitions to Watch List

SCOTUSBlog isn’t taking any chances with Indian law now.
The Kickapoo v. Texas petition is on its watch list for the May 29, 2008 conference (here).
Docket: 07-1109
Case name: Kickapoo Traditional Tribe of Texas v. Texas, et al.
Issue: Whether, following Seminole Tribe v. Florida (1996), the Secretary of the Interior may establish procedures for Indian [...]

May 14, 2008

Belanger v. Parish — Complaint re GTB Trust Land Decision

Belanger v. Parish Complaint
Exhibit Property Location Drawing

May 13, 2008

HRI v. EPA — Navajo Indian Country Case — Updated Materials

Here are the briefs (Indianz coverage here):
hri-opening-brief
state-of-new-mexico-amicus-brief
epa-brief
navajo-nation-brief
hri-reply-brief
state-of-new-mexico-amicus-reply-brief-unfiled

May 12, 2008

Makah Whale Hunt Draft EIS

Here it is.

May 12, 2008

District Court Judge on Tribal Cops at Rosebud

Indianz reports that the district court judge in South Dakota will adopt the report and recommendation of the Magistrate in United States v. Erickson (dct-order-adopting-rr-in-erickson-case). Here are the rest of the materials.

May 12, 2008

HRI v. EPA — Navajo Uranium Case

Here are the briefs (Indianz coverage here):
hri-opening-brief
[EPA Brief]
[Navajo Brief]
hri-reply-brief
PACER is down right now. We’ll add the rest if we can….

May 9, 2008

Frank’s Landing Tobacco Sales Lawsuit Materials

Indianz coverage is here. Here are the materials. Once again, let it be known that Rule 19 is my favorite(!):
nisqually-v-gregoire-complaint
nisqually-motion-for-preliminary-injunction
gregoire-motion-to-dismiss
squaxin-island-motion-to-dismiss
franks-landing-motion-to-dismiss
nisqually-opposition-to-motion-to-dismiss
nisqually-v-gregoire-dct-order

May 8, 2008

US v. Friday — Constitutional Challenge to National Eagle Repository Rejected

Here is the Tenth Circuit’s decision in United States v. Friday — us-v-friday-ca10 (thanks to Sarah Krakoff for the heads-up).
Judge McConnell wrote the decision. Here is our previous commentary on the case (here). Guess no circuit split….