10 results for 'cat:"Government" AND cat:"Native Americans"'.
J. Zipps denies the Tohono O'odham Nation, San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity's motion for restraining order and injunctive relief concerning claims that the U.S. Bureau of Land Management violated the National Historic Preservation Act by authorizing the construction of a transmission line without taking measures to assess the impact it would have on the Traditional Cultural Properties and local Native American tribes. The land management authority presented sufficient evidence in court that it properly solicited feedback from the tribes during the process and invited them to consult on various assessments on the historic property.
Court: USDC Arizona, Judge: Zipps, Filed On: April 16, 2024, Case #: 4:24cv34, NOS: Environmental Matters - Other Suits, Categories: Construction, government, native Americans
J. Rowe denies the Oklahoma governor's petition for declaratory relief that the senators lacked authority to pass bills relating to tribal compacts. The state sought agreements with tribes regarding a tobacco tax the U.S. Supreme Court had held could be collected on products sold on Indian lands to non-tribal members. The legislature had the constitutional authority to consider the bills during a concurrent special session and did not exceed the call of the special session with its legislation. The governor's authority to negotiate tribal compacts is statutory, not constitutional. The legislature did not infringe on the governor's authority to negotiate such compacts.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: April 2, 2024, Case #: 121497, Categories: government, Tax, native Americans
J. Benton finds a lower court properly dismissed an affiliated group of Native American tribes' challenge of a grant of drilling applications on behalf of a exploration company. The three tribes argued that the approvals violate the Administrative Procedure Act, and that the drilling project is a detriment to its source of drinking water. However, the exploration company sufficiently showed in court that the project was aligned with statutory and regulatory guidelines. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-2459, Categories: Construction, government, native Americans
J. Whitehead orders the federal government to produce the 10 documents listed in the tribe's motion to compel, as part of the tribe's complaint that the government wrongfully refused to federally recognize the tribe. The tribe's allegations and the description of the withheld documents, such as the emails the Muckleshoot Tribe sent to the Department of the Interior, are enough to warrant an in-camera review that may yield evidence.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: December 12, 2023, Case #: 2:22cv633, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: government, native Americans, Discovery
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J. Du grants the government’s motion to dismiss this suit brought by the Indian Tribes seeking to block construction of a lithium mine near Thacker Pass, Nevada. The tribes say that a certain clause in the plan of operations shows that the Bureau of Land Management authorized violations by not terminating the mining company’s prior permits when its record of decision was issued, which is not plausible. Without any violation of the plan, the land management claim is implausible, though the tribes are granted leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: November 9, 2023, Case #: 3:23cv70, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, government, native Americans
J. Coughenour denies the tribe summary judgment for its claim that the electric utility company did not obtain a project-specific certification from the Washington Department of Ecology for its October 2020 stabilization work, which arises from the government and the tribe's lawsuit alleging that the electric utility company wrongfully discharged field turf and crumb rubber into the Puyallup River. It is not entirely clear if an additional 401 notification was required when the electric utility company already obtained a joint aquatic resources permit.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: August 31, 2023, Case #: 2:20cv1746, NOS: Environmental Matters - Other Suits, Categories: Environment, government, native Americans
J. Phillips finds that the lower court properly allowed a native tribe to conduct gaming operations on a 10-acre lot in Kansas that the tribe bought in the 1990s. The Kansas government has opposed the gaming operations, but the tribe has met all of the legal requirements under the law, namely that the land has been taken into a trust and was properly acquired. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: July 3, 2023, Case #: 21-3097, Categories: government, native Americans
J. Wooton grants the tribe’s writ prohibiting the lower court’s Sept. 30 order denying the tribe’s motion to transfer an abuse and neglect proceeding to its tribal court after a paternity test determined one if its members is the father of the child currently in foster care. The court finds the judge erred in relying on the “existing Indian family” exception to the Indian Child Welfare Act which applies only to a child removed from its custodial or existing Indian family or alternatively to the “good cause” exception under federal law due to the tribe’s late entry into the proceeding.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: June 12, 2023, Case #: 22-787, Categories: government, native Americans, Juvenile Law