Tag Archives: Tenth Circuit

Tenth Circuit Holds NIGC Indian Lands Opinion Letters Not Final Agency Action

Here is the opinion in State of Kansas v. Zinke. An excerpt: The question in this case is whether a legal opinion letter issued by the Acting General Counsel of the National Indian Gaming Commission (“NIGC”) regarding the eligibility of … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , , , , , | Leave a comment

Tenth Circuit Dismisses Nonmember Challenge to Tribal Court Jurisdiction for Lack of Article III Standing (Nonmember Won on the Merits in Tribal Court)

Here is the unpublished opinion in Board of Education for Gallup-McKinley Schools v. Henderson. Briefs and lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , | Leave a comment

Update in Caddo-Wichita & Affiliated Dispute over Sacred Site

Here are the Tenth Circuit briefs in Caddo Nation of Oklahoma v. Witchita and Affiliated Tribes : Caddo Motion for Injunction Pending Appeal Wichita Response to Caddo Motion Caddo Reply in Support of Injunction Opening Brief Answer Brief Wichita Motion … Continue reading

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

Tenth Circuit Remands Great Plains Lending Dispute for Jurisdictional Discovery on Immunity Defense

Here is the unpublished opinion in Finn v. Great Plains Lending LLC. Briefs and other materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , | 1 Comment

Tenth Circuit Holds State Utility May Not Condemn Tribal Land

Here is the opinion in Public Service Company of New Mexico v. Barboan: Opinion Public Servic Company of New Mexico v. Barboan Briefs here. Link to previous posts: Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land … Continue reading

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

Tenth Circuit Upholds Interior’s Authority to Release Gray Wolves in New Mexico

Here is the opinion in New Mexico Dept. of Game and Fish v. Dept. of the Interior.

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

Tenth Circuit Strikes Down Part 291 Secretarial Procedures

Here is the opinion in State of New Mexico v. Dept. of Interior. Briefs here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Regulations, Research | Tagged , , , , , , , | Leave a comment

Tenth Circuit Materials in Donelson v. U.S.: NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

Here: Donelson Brief Industry Response Brief US Response Brief Reply TK Lower court materials here.

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

Tenth Circuit Rules against Osage Headrights Class on Trust Accounting Scope

Here are the materials in Fletcher v. United States: Opinion Opening Brief US Response Brief Reply Other posts here.  

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , , | Leave a comment

Tenth Circuit Materials in Finn v. Great Plains Lending LLC

Here: Finn Brief Great Plains Lending Brief Finn Reply Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , , | 1 Comment