Category Archives: treaty rights

British Columbia Court Affirms Aboriginal Hunting and Fishing Rights in Favor of Sinixt People (Suit Involved Colville Tribal Member)

Here is the opinion in R. v. Desautel: R v Desautel

Posted in Author: Matthew L.M. Fletcher, Canada, Research, treaty rights | Tagged , , , | Leave a comment

Skokomish Suit against Suquamish Council Members Dismissed in Federal Court

Here are the materials in Skokomish Indian Tribe v. Forsman (W.D. Wash.): 15 Motion to Dismiss 19 Response 20-2 Sklallam Amicus Brief 22 Reply 34 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, treaty rights | Tagged , , , , , | Leave a comment

DAPL Appeal Pleadings

Here are the briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers: 2017 03 15 Em Mtn for Injunction 2017 03 17 ACOE Resp in Opp 2017 03 17 CRST Reply 2017 03 17 DAPL Resp … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, treaty rights | Tagged , , , , , | Leave a comment

Washington SCT Rules 7-2 in Favor of Treaty Right to Travel

Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing. Briefs: 92289-6 Appellant’s Opening Brief 92289-6 Appellant’s Reply 92289-6 Appellant’s Response to Amicus Brief 92289-6 Respondent’s Brief 92289-6 Yakama Nation Amicus Brief

Posted in Author: Matthew L.M. Fletcher, Research, taxation, treaty rights | Tagged , , , , | Leave a comment

Minnesota COA Remands Off-Rez Treaty Rights Case to State District Court

Here are the materials in State of Minnesota v. Northrup: Order – Certifying Question Statement – Case – Appellant Order – Jurisdiction Questioned Memorandum – Informal – Respondent Memorandum – Informal – Appellant Order – Dismiss – Not Stipulated, Entire … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, News, Research, treaty rights | Tagged , , | Leave a comment

Map of Proposed Pipelines in Tribal Homelands by Aaron Carapella

Link: Aaron Carapella’s website with larger PDF version.

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Federal Court Denies DAPL Injunction

Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.): March 7 Order Materials here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, treaty rights, trust relationship | Tagged , , , , , , | 1 Comment

Amended Panel Decision in the Culverts Case

Here. All aspects of the substantive holding are retained. This new order adds analysis on a couple of issues (recoupment and the State’s futility argument). No word yet on the court’s response to the request for rehearing en banc. View … Continue reading

Posted in Author: Ann Tweedy, Environmental, News, treaty rights | Tagged , , , , | Leave a comment

News Commentaries on Little Traverse Reservation Boundaries Case

LTBB Chair Gina Gasco-Bentley: “Tribe seeks to protect own, not control others” Lance Boldrey: “Tribe seeks to reshape governance of region” More details on Little Traverse Bay Bands of Odawa Indians v. Snyder (W.D. Mich.) here.

Posted in Michigan Indian, News, Research, treaty rights | Tagged , , | 1 Comment

Fletcher: “Indian Country And Climate Change After DAPL” @ Law360.com

Here: Indian Country And Climate Change After DAPL Law360, New York (February 27, 2017, 12:01 PM EST) — Matthew L.M. Fletcher In the chaos of the early weeks of the Trump administration, the president managed to highlight his support for … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, treaty rights, trust relationship | Tagged , , , | 4 Comments