2020 Federal Courts Cases

Last updated: June 3, 2020

Next update should be ready by:
June 10, 2020

Recently Added Cases:

Mdewakanton Band of Sioux in Minnesota v. Bernhardt
Materials via Turtle Talk
2020 WL 2800615
No. 19-402
United States District Court, District of Columbia.
May 30, 2020

Legal Topics: Federal Recognition

Navajo Health Foundation v. Razaghi Development Company, LLC
2020 WL 2798014
No. 2:19-cv-00329-GMN-EJY
United States District Court, D. Nevada.
May 29, 2020

Legal Topics: Fraud; RICO

Yurok Tribe v. U.S. Bureau of Reclamation
Materials via Turtle Talk
2020 WL 2793945
No. 19-cv-04405-WHO
United States District Court, N.D. California.
May 29, 2020

Legal Topics: Endangered Species Act; Cultural Resources

Sxʷnq̓ʔels l Suw̓ečm / Ksukⱡiⱡmumaⱡ ʾA·kጦaⱡmukwaʾits d/b/a Energy Keepers Inc. v. Hyperblock LLC
Materials via Turtle Talk
2020 WL 2786938
No. CV 20-76-M-DWM
United States District Court, D. Montana.
May 29, 2020

Legal Topics: Breach of Contract


Ten Eyck v. United States
Materials via Turtle Talk
2020 WL 2770436
No. 4:19-CV-4007-LLP
United States District Court, D. South Dakota, Southern Division.
May 28, 2020

Legal Topics: Sovereign Immunity; FTCA

 

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May

United States v. Unzueta
Materials via Turtle Talk
2020 WL 2733890
No. 20-20121
United States District Court, E.D. Michigan, Northern Division.
May 26, 2020

Legal Topics: Indian Status

Citizens for Clean Energy and the Northern Cheyenne Tribe v. Department of the Interior
2020 WL 2615527
Nos. CV-17-30-GF-BMM, CV-17-42-GF-BMM
United States District Court, D. Montana.
May 22, 2020

Legal Topics: Federal Coal Leases

Grand Canyon Trust v. Provencio
Materials via Turtle Talk
2020 WL 2611212
No. CV-13-8045-PCT-DGC
United States District Court, D. Arizona.
May 22, 2020

Legal Topics: Uranium Mining; Cultural Resources

Holy v. Department of the Interior
2020 WL 2559805
No. CV 19-5066-JLV
United States District Court, D. South Dakota, Western Division.
May 20, 2020

Legal Topics: Tribal Constitution


Gila River Indian Community v. Cranford
Materials via Turtle Talk
2020 WL 2537435
No. CV-19-00407-TUC-SRB
United States District Court, D. Arizona.
May 12, 2020

Legal Topics: Reserved Water Rights

Chee v. Mescalero Apache Tribal Court
2020 WL 2395925
No. CIV 18-1197 JB/LF
United States District Court, D. New Mexico.
May 12, 2020

Legal Topics: Writ of Habeas Corpus

Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation
Materials via Turtle Talk
2020 WL 2468774
No. 3:19-cv-00697-LRH-CLB
United States District Court, D. Nevada.
May 11, 2020

Legal Topics: Sovereign Immunity

Stephen C. v. Bureau of Indian Education
2020 WL 2319976
No. CV-17-08004-PCT-SPL
United States District Court, D. Arizona.
May 8, 2020

Legal Topics: Indian Education

Employers Mutual Casualty Company v. McPaul
Materials via Turtle Talk
2020 WL 2316616
No. 19-15835
United States Court of Appeals, Ninth Circuit.
May 11, 2020

Legal Topics: Tribal Jurisdiction

Reyes v. Department of the Interior
Materials via Turtle Talk
2020 WL 2319848
No. 17cv01612 JAH-RBB
United States District Court, S.D. California.
May 11, 2020

Legal Topics: Tribal Membership

Agua Caliente Band of Cahuilla Indians v. Mnuchin
Materials via Turtle Talk
2020 WL 2331774
No. 20-cv-01136
United States District Court, District of Columbia.
May 11, 2020

Legal Topics: CARES Act

United States v. Smith
2020 WL 2150436
No. 3:16-cr-00086-SLG-1
United States District Court, D. Alaska.
May 5, 2020

Legal Topics: Jury Selection

Pasaye v. State of Nevada
2020 WL 2105024
No. 2:17-cv-02574-JAD-VCF
United States District Court, D. Nevada.
May 1, 2020

Legal Topics: Religious Land Use and Institutionalized Persons Act

Mashpee Wampanoag Tribe v. Bernhardt
2020 WL 2100972
No. 18-2242
United States District Court, District of Columbia.
May 1, 2020

Legal Topics: Recognition; Reservation Disestablishment


April

Holtz v. Oneida Airport Hotel Corportation
Materials via Turtle Talk
2020 WL 2085287
No. 19-C-1682
United States District Court, E.D. Wisconsin.
April 30, 2020

Legal Topics: Indian Civil Rights Act; Americans With Disabilities Act

Fort Sill Apache Tribe v. National Indian Gaming Commission
Materials via Turtle Talk
2020 WL 2079532
No. 14-958
United States District Court, District of Columbia.
April 30, 2020

Legal Topics: Indian Gaming Regulatory Act; Administrative Procedure Act

Eastern Band of Cherokee Indians v. Department of the Interior
Materials via Turtle Talk
2020 WL 2079443
Civil Action No. 20-757
United States District Court, District of Columbia.
April 30, 2020

Legal Topics: Trust Land Acquisition

Confederated Tribes of the Chehalis Reservation v. Mnuchin
Materials via Turtle Talk
2020 WL 1984297
Nos. 20-cv-01002, 20-cv-01059, 20-cv-01070
United States District Court, District of Columbia.
April 27, 2020

Legal Topics: Relief Funds; CARES Act

Tsi Akim Maidu of Taylorsville Rancheria v. Department of the Interior
Materials via Turtle Talk
2020 WL 1974213
No. 2:17-cv-01156-TLN-CKD
United States District Court, E.D. California.
April 24, 2020

Legal Topics: Federal Recognition

State of Washington, Sauk-Suiattle Indian Tribe and Quinault Indian Nation v. EPA
2020 WL 1955554
No. 2:19-cv-00884-RAJ
United States District Court, W.D. Washington, at Seattle.
April 23, 2020

Legal Topics: Clean Water Act

Williams & Cochrane, LLP v. Rosette; Quechan Tribe of the Fort Yuma Indian Reservation
2020 WL 1939065
No. 17-CV-01436-GPC-MSB
United States District Court, S.D. California.
April 22, 2020

Legal Topics: Fee Agreements

Baltas v. Erfe
2020 WL 1915017
Civil Action No. 3:19cv1820 (MPS)
United States District Court, D. Connecticut.
April 20, 2020

Legal Topics: Religious Land Use and Institutionalized Persons Act

Inter-Tribal Council of Arizona, Inc. v. United States
Materials via Turtle Talk
2020 WL 1897240
No. 2019-1758
United States Court of Appeals, Federal Circuit.
April 17, 2020

*Synopsis:  Inter-tribal council representing Arizona Indian tribes sued United States, alleging claims including breach of tribal trust obligations under Arizona-Florida Land Exchange Act (AFLEA) by failing to ensure sufficient security for full payments to be made by landowner for land exchange involving sale of land that was former site of off-reservation Indian boarding school, and by failing to collect and deposit or make up trust payments on which landowner defaulted. Government moved to dismiss for lack of subject matter jurisdiction and for failure to state claim. The Court of Federal Claims, Nancy B. Firestone, Senior Judge, 140 Fed.Cl. 447, granted motion in part and denied motion in part. Inter-tribal council appealed.

*Holdings: The Court of Appeals, Wallach, Circuit Judge, held that:
1) AFLEA established a specific fiduciary duty owed by the government, as would support Indian Tucker Act jurisdiction;
2) Council sufficiently alleged government's breach of fiduciary duty to support Indian Tucker Act jurisdiction;
3) AFLEA can be fairly interpreted as mandating compensation for the government’s fiduciary wrongs, as would support Indian Tucker Act jurisdiction;
4) Failure-to-maintain-sufficient-security breach of fiduciary duty claims accrued, and six-year limitations period for bringing claims in Court of Federal Claims began to run, when government disclosed deficit of trust, that obligor and had defaulted, and that obligations were under collateralized;
5) Claim alleging failure to ensure adequate security when government negotiated trust fund payment agreement accrued, and six-year limitation period for bringing action in Court of Federal Claims began to run, when agreement was executed and council was made aware of agreement's terms; and
6) Government did not have duty under AFLEA to collect and pay all of the AFLEA’s required remaining annual payments and full final payment after default.
Affirmed in part and reversed in part.

Adams v. Elfo
Materials via Turtle Talk
2020 WL 1929375
No. C19-1263-JCC
United States District Court, W.D. Washington.
April 21, 2020

Legal Topics: Indian Civil Rights Act

Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners
Materials via Turtle Talk
2020 WL 1891263
No. CV 19-90-M-DLC
United States District Court, D. Montana.
April 16, 2020

Legal Topics: Trespassing; Sovereign Immunity

Penobscot Nation v. Frey
Materials via Turtle Talk
2020 WL 1699533
Nos. 16-1424; 16-1435; 16-1474; 16-1482
United States Court of Appeals, First Circuit.
April 8, 2020

Legal Topics: Treaty Rights

United States v. Cline
Materials via Turtle Talk
2020 WL 1862595
No. CR19-0023-JCC
United States District Court, W.D. Washington.
April 14, 2020

Legal Topics: Criminal Jurisdiction

Mille Lacs Band of Ojibwe v. County of Mille Lacs, Minnesota
Materials via Turtle Talk
2020 WL 1847574
No. 17-cv-5155 (SRN/LIB)
United States District Court, D. Minnesota.
April 13, 2020

Legal Topics: Reservation Boundaries

Hudson v. Zinke
Materials via Turtle Talk
2020 WL 1821120
No. 15-cv-1988 (TSC)
United States District Court, District of Columbia.
April 10, 2020

Legal Topics: Tribal Elections; Trust Relationship


Mecautea v. Oregon
2020 WL 1812012
No. 3:19-cv-01864-MO
United States District Court, D. Oregon.
April 9, 2020

Legal Topics: Tribal Court Jurisdiction

State of Texas v. Ysleta Del Sur Pueblo
Materials via Turtle Talk
2020 WL 1638408
No. 19-50400
United States Court of Appeals, Fifth Circuit.
April 2, 2020

*Synopsis: Attorney General, on behalf of the State of Texas, brought action against federally recognized Indian tribe, seeking to enjoin the tribe from operating certain gaming activities. The United States District Court for the Western District of Texas, Philip R. Martinez, J., 2019 WL 639971, granted summary judgment in favor of the State, 2019 WL 5026895, denied Indian tribe's motion for reconsideration, and, 2019 WL 5589051, granted Indian tribe's motion to stay the injunction pending appeal. Indian tribe appealed.

*Holdings: The Court of Appeals, Willett, Circuit Judge, held that:
1) Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, rather than more permissive Indian Gaming Regulatory Act, governed Indian tribe's gaming activity;
2) Indian tribe was subject to Texas's gaming regulations, which functioned as surrogate federal law;
3) Balance of hardships favored permanent injunction prohibiting Indian tribe from operating gaming activities; and
4) Even if Texas nuisance law reached gaming activity, Indian tribe's gaming operation was not exempted, authorized, or otherwise lawful activity regulated by federal law under the nuisance law, and thus, the law provided basis for Attorney General to bring action on State's behalf.
Affirmed.

JW Gaming Development, LLC v. James
2020 WL 1667423
No. 3:18-cv-02669-WHO
United States District Court, N.D. California.
April 3, 2020

Legal Topics: RICO Act

Gilliam v. Roach
Materials via Turtle Talk
2020 WL 2198810
No. 19-cv-2749
United States District Court, D. Minnesota.
April 1, 2020

Legal Topics: Sovereign Immunity

March

Scott v. Paisley
2020 WL 1527896
No. CV-19-63-GF-DLC-JTJ
United States District Court, D. Montana, Great Falls Division.
March 31, 2020

Legal Topics: Indian Civil Rights Act

Bollenbach v. United States
2020 WL 1550196
Case No. CIV-19-233-G
United States District Court, W.D. Oklahoma.
March 31, 2020

Legal Topics: Federal Tort Claims Act

Western Refining Southwest Inc. v. Department of the Interior
Materials via Turtle Talk
2020 WL 1536149
Civil No. 16-442 JH/GBW
United States District Court, D. New Mexico.
March 31, 2020

Legal Topics: Trust Relationship

State of California v. Bureau of Land Management v. Zinke
2020 WL 1492708
No. 18-cv-00521-HSG, 18-cv-00524-HSG
United States District Court, N.D. California.
March 27, 2020

Legal Topics: Mineral Leasing


Fercho v. United States
2020 WL 1466739
No. CV-18-86-BLG-DLC-TJC
United States District Court, D. Montana, Missoula Division.
March 26, 2020

Legal Topics: Tribal Court Jurisdiction

Rosebud Sioux Tribe v. United States
Materials via Turtle Talk
2020 WL 1511262
No. CV-19-82-GF-BMM
United States District Court, D. Montana.
March 30, 2020

Legal Topics: Indian Health Service; Treaty Rights

Leachman v. United States
Materials via Turtle Talk
2020 WL 1516184
No. 3:16-cv-03038-RAL
United States District Court, D. South Dakota, Central Division.
March 30, 2020

Legal Topics: Indian Health Service

Sturdevant v. Brott
2020 WL 1445962
No. 19-cv-1068
United States District Court, D. Minnesota.
March 25, 2020

Legal Topics: Prison Litigation Reform Act

Standing Rock Sioux Tribe v. US Army Corps of Engineers
Materials via Turtle Talk
2020 WL 1441923
Civil Action No. 16-1534
United States District Court, District of Columbia.
March 25, 2020

Legal Topics: Treaty Rights; Cultural Resources

Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt
Materials via Turtle Talk
2020 WL 1451566
Civil Action No. 17-0038 (ABJ)
United States District Court, District of Columbia.
March 25, 2020

Legal Topics: Federal Recognition

Cherokee Nation v. Bernhardt
Materials via Turtle Talk
2020 WL 1429946
No.12-cv-493-GKF-JFJ
United States District Court, N.D. Oklahoma.
March 24, 2020

Legal Topics: Land Into Trust


Cayuga Nation v. Tanner
Materials via Turtle Talk
2020 WL 1434157
No. 5:14-CV-1317
United States District Court, N.D. New York.
March 24, 2020

Legal Topics: Indian Gaming Regulatory Act

 

Wilhite v. Littlelight
2020 WL 1332231
No. CV 19-20-BLG-TJC
United States District Court, D. Montana.
March 23, 2020

Legal Topics: Federal Torts Claim Act

Gardner v. Long
2020 WL 1325338
No. 2:20-cv-00112-DOC
United States District Court, D. Utah.
March 20, 2020

Legal Topics: Federal Trust Land

McCarter v. Lake
2020 WL 1304078
No. 2:20-cv-00112-DOC
United States District Court, C.D. California, Western Division.
March 19, 2020

Legal Topics: Religious Land Use and Institutionalized Persons Act


Snoqualmie Indian Tribe v. State of Washington
Materials via Turtle Talk
2020 WL 1286010
No. 3:19-CV-06227-RBL
United States District Court, W.D. Washington, at Tacoma.
March 18, 2020

Legal Topics: Treaty Rights

 

Jackson v. United States

Materials via Turtle Talk
2020 WL 1243736
No. 18-16764
United States Court of Appeals, Ninth Circuit.
March 16, 2020

Legal Topics: Fee to Trust


Bowman v. New York State Housing and Community Renewal
2020 WL 1233701
No. 18. Civ. 11596 (ER)
United States District Court, S.D. New York.
March 13, 2020

Legal Topics: Title VII; Discrimination

 

Swinomish Indian Tribal Community v. BNSF Railway Company 
Materials via Turtle Talk 
2020 WL 1038679 
No. 18-35704 
United States Court of Appeals, Ninth Circuit. 
March 4, 2020

*Synopsis: Federally recognized Indian tribe brought action against railway company, asserting claims for breach of contract and trespass regarding right-of-way easement agreement for railroad constructed across tribal land, and seeking damages, declaratory judgment, and injunctive relief. Parties cross-moved for summary judgment. The United States District Court for the Western District of Washington, Robert S. Lasnik, Senior District Judge, 228 F.Supp.3d 1171, granted tribe's summary judgment motion, denied railway company's cross-motion for summary judgment, but found that tribe's state law claims for injunctive relief were preempted by the Interstate Commerce Commission Termination Act (ICCTA), 2017 WL 2483071, granted tribe's motion for reconsideration on preemption issue, and 2018 WL 133656, clarified and denied railway company's motion for reconsideration. Railway company filed interlocutory appeal.


Holdings: The Court of Appeals, William A. Fletcher, Circuit Judge, held that: 
1) The ICCTA does not repeal the Indian Right of Way Act; 
2) Enforcement of easement agreement was not an unreasonable interference with rail transportation, and thus injunctive relief was not impliedly preempted by the ICCTA; and 
3) ICCTA abrogates neither the general treaty-based federal common law right of tribes to exclude non-Indians from Indian lands, nor the explicit right to exclude contained in the Treaty of Point Elliott. 
Affirmed and remanded. 

Lopez v. State of Colorado 
2020 WL 1074756 
No. 19-cv-0684-WJM-MEH 
United States District Court, D. Colorado. 
March 6, 2020

Legal Topics: Negligent Conduct; Discrimination 



Sault Ste. Marie Tribe of Chippewa Indians v. David Bernhardt 
Materials via Turtle Talk 
2020 WL 1065406
No. 1:18-cv-02035 
United States District Court, District of Columbia. 
March 5, 2020

Legal Topics: Fee to Trust; Indian Gaming Regulatory Act 


Patterson v. Calderin 
2020 WL 1044008
No. 2:19-cv-00784-JAD-VCF 
United States District Court, D. Nevada. 
March 4, 2020

Legal Topics: Religious Land Use and Institutionalized Persons Act 


Hawk v. Ecoffey 
2020 WL 999010 
No. 19-5012-JLV 
United States District Court, D. South Dakota, Western Division.
March 2, 2020

Legal Topics: Prison Litigation Reform Act


 

February

Littlefield v. Mashpee Wampanoag Indian Tribe
Materials via Turtle Talk
2020 WL 948895
No. 16-2484
United States Court of Appeals, First Circuit.
February 27, 2020

Legal Topics: Fee to Trust; IGRA

Robert Logan Berry, Jr. v Isidro Baca
Materials via Turtle Talk
2020 WL 977789
No. 3:16-cv-00470-MMD-WGC
United States District Court, D. Nevada.
February 28, 2020

Legal Topics: Public Law 280

The Cherokee Nation, Chickasaw Nation, Choctaw Nation, and Others v. Stitt and the State of Oklahoma
2020 WL 963380
No. CIV-19-1198-D
United States District Court, W.D. Oklahoma.
February 27, 2020

Legal Topics: IGRA; Class III Gaming Compact

United States, ex rel. Dahlstrom v. Sauk-Suiattle Indian Tribe of Washington
2020 WL 949940
No. C16-0052JLR
United States District Court, W.D. Washington.
February 27, 2020

Legal Topics: Sovereign Immunity

Kehano v. Harrington
2020 WL 869973
No. 20-00071 LEK-RT
United States District Court, D. Hawai'i
February 21, 2020

Legal Topics: Prisoner Civil Rights

 

United States of America v. Dorothy A. Two Bulls
2020 WL 729260
No. CIV. 17-5050-JLV
United States District Court, D. South Dakota, Western Division.
February 13, 2020

Legal Topics: Housing and Urban Development; Property Law

Spirit Lake Tribe v. Alvin Jaeger
Materials via Turtle Talk
2020 WL 625279
No. 1:18-cv-222
United States District Court, D. North Dakota.
February 10, 2020

Legal Topics: Voting Rights; Legal Standing


Gilbert v. Weahkee
Materials via Turtle Talk
2020 WL 779460
No. CIV. 19-5045-JLV
United States District Court, D. South Dakota, Western Division.
February 18, 2020

Legal Topics: Indian Health Service; Treaty Rights

 

Narragansett Indian Tribal Historic Preservation Office v. FERC
Materials via Turtle Talk
2020 WL 593866
No. 19-1009
United States Court of Appeals, District of Columbia Circuit.
February 7, 2020

Legal Topics: National Historic Preservation Act; Cultural Resources

United States v. Sauk-Suiattle Indian Tribe of Washington
2020 WL 569868
No. C16-0052JLR
United States District Court, W.D. Washington, at Seattle.
February 5, 2020

Legal Topics: Sovereign Immunity

January

Democratic National Committee v. Hobbs
Materials via Turtle Talk
2020 WL 416079
No. 18-15845
United States Court of Appeals, Ninth Circuit.
January 27, 2020

*Synopsis: National committee for political party, party's senatorial campaign committee, and state political party brought action against state officials, challenging under federal Constitution and Voting Rights Act (VRA) state's out-of-precinct (OOP) policy requiring that in-person voters cast their ballots in their assigned precinct, and state's criminal statute making it a felony for a third party to collect early ballots from voters. The United States District Court for the District of Arizona, No. 2:16-cv-01065-DLR, Douglas L. Rayes, J., entered judgment after bench trial for state officials. Plaintiffs appealed. The Court of Appeals, Ikuta, Circuit Judge, 904 F.3d 686 affirmed and then, 911 F.3d 942, granted rehearing en banc.

*Holdings: The Court of Appeals, William A. Fletcher, Circuit Judge, held that:
1) Arizona's policy of wholly discarding, rather than counting or partially counting, ballots that were not cast in voters' assigned precinct, and social and historical conditions in Arizona, constituted impermissable vote denial in violation of Sec. 2 of VRA;
2) Arizona statute criminalizing the collection and delivery of another person's ballot, unless the third party was an official engaged in official duties, or was a family member, household member, or caregiver of the voter, constituted impermissable vote denial under "results test" of Sec. 2 of VRA;
3) Plaintiff established that racial discrimination was motivating factor leading to enactment of Arizona statute as required to allege enactment of statute constituted intentional discrimination in violation of Sec. 2 of VRA; and
4) Statute would not have been enacted without racial discrimination as a motivating factor, as required for enactment of statute to constitute intentional discrimination in violation of Sec. 2 of VRA and Fifteenth Amendment.
Reversed and remanded.

Hawkins v. Bernhardt
Materials via Turtle Talk
2020 WL 516036
No. 19-1498 (BAH)
United States District Court, District of Columbia.
January 31, 2020

Legal Topics: Indian Reserved Water Rights

Janiver v. Seminole Hard Rock Hotel Casino
Materials via Turtle Talk
2020 WL 509997
No. 19-cv-62204-BLOOM/Valle
United States District Court, S.D. Florida.
January 31, 2020

Legal Topics: Title VII; Sovereign Immunity

Thurmond v. Forest County Potawatomi Community
Materials via Turtle Talk
2020 WL 488864
Case No. 18-cv-1047-pp
United States District Court, E.D. Washington.
January 30, 2020

Legal Topics: Sovereign Immunity

United States v. Erickson
2020 WL 438359
No. 3:18-CR-30148-RAL
United States District Court, D. South Dakota, Central Division.
January 28, 2020

Legal Topics: Jury Selection

 

Menominee Indian Tribe of Wisconsin v. EPA
Materials via Turtle Talk
2020 WL 416079
No. 19-1130
United States Court of Appeals, Seventh Circuit.
January 27, 2020

Legal Topics: Cultural Resources; Trust Relationship

United States v. Cooley
Materials via Turtle Talk
2020 WL 399390
No. 17-30022
United States Court of Appeals, Ninth Circuit.
January 24, 2020

Legal Topics: Indian Civil Rights Act

Mann v. Mohr
2020 WL 398532
No. 18-4019
United States Court of Appeals, Sixth Circuit.
January 23, 2020

Legal Topics: Religious Land Use and Institutionalized Persons Act

JW Gaming Development, LLC v. James
2020 WL 353536
Case No. 3:18-cv-02669-WHO
United States District Court, N.D. California.
January 21, 2020

Legal Topics: Sovereign Immunity

 

Little Dog v. Flathead County
2020 WL 339217
No. CV 18-00097-M-JTJ
United States District Court, D. Montana.
January 21, 2020

Legal Topics: American Indian Religious Freedom Act

State of Maine v. Wheeler, Houlton Band of Maliseet Indians and Penobscot Nation
2020 WL 256519
No. 1:14-cv-00264-JDL
United States District Court, D. Maine.
January 16, 2020

Legal Topics: Maine Water Quality Standards

Ysleta Del Sur Peublo v. City of El Paso
Materials via Turtle Talk
2020 WL 230888
No. EP-17-CV-00162-DCG
United States District Court, W.D. Texas, El Paso Division.
January 15, 2020

Legal Topics: Tribal Property; Pueblo Lands Act

Cherokee Nation v. Department of the Interior
2020 WL 224486
Case No. 1:19-cv-02154 (TNM)
United States District Court, District of Columbia.
January 15, 2020

Legal Topics: Administrative Procedure Act

Dobbs v. Fond du Lac Reservation Business Committee
Materials via Turtle Talk
2020 WL 206347
No. 19-cv-1289 (SRN/LIB)
United States District Court, D. Minnesota.
January 14, 2020

Legal Topics: Sovereign Immunity

 

Landreth v. United States
Materials via Turtle Talk
2020 WL 114521
No. 2019-2260
United States Court of Appeals, Federal Circuit.
January 10, 2020

Legal Topics: Pro Se Property


United States v. Uintah Valley Shoshone Tribe
Materials via Turtle Talk
2020 WL 97964
Nos. 18-4151 and 18-4160
United States Court of Appeals, Tenth Circuit.
January 9, 2020

*Synopsis: United States brought action to enjoin non-federally-recognized Indian tribe and its individual members selling hunting and fishing licenses that authorized members to take wildlife from Indian reservation. On cross-motions for summary judgment, the United States District Court for the District of Utah, Bruce S. Jenkins, Senior District Judge, 2018 WL 4222398, found that tribe lacked authority to issue licenses, but declined to issue permanent injunction. Parties filed cross-appeals.

*Holdings: The Court of Appeals, Tymkovich, Chief Judge, held that:
1) Mixed-blood Utes maintained their individual hunting and fishing rights on Uintah and Ouray Reservation after their membership in Ute Tribe was terminated;
2) Those rights were neither alienable, assignable, transferable, nor descendible;
3) Mixed-blood Utes could not convert their hunting and fishing rights into separate tribal rights;
4) Tribe lacked authority to issue hunting and fishing licenses; and
5) District court did not abuse its discretion in denying permanent injunction.
Affirmed.

Chinook Indian Nation v. Bernhardt
Materials via Turtle Talk
2020 WL 128563
No. 3:17-cv-05668-RBL
United States District Court, W.D. Washington, at Tacoma.
January 10, 2020

Legal Topics: Federal Recognition

Native Village of Nuiqsut v. Bureau of Land Management
Materials via Turtle Talk
2020 WL 113495
No. 3:19-cv-00056-SLG
United States District Court, D. Alaska.
January 9, 2020

Legal Topics: Land Use

Red Cliff Band of Lake Superior Chippewa Indians v. Bayfield County
Materials via Turtle Talk
2020 WL 108672
No. 18-cv-828-wmc
United States District Court, W.D. Wisconsin.
January 9, 2020

Legal Topics: Zoning Regulations; Tribal Property

Hengle v. Asner
Materials via Turtle Talk
2020 WL 113496
No. 3:19cv250 (DJN)
United States District Court, E.D. Virginia, Richmond Division.
January 9, 2020

Legal Topics: Sovereign Immunity

Pawnee Nation of Oklahoma v. Bureau of Indian Affairs
2020 WL 91498
No. 16-cv-697-JHP-JFJ
United States District Court, N.D. Oklahoma.
January 8, 2020

Legal Topics: Administrative Procedures Act; Trust Obligations

 

Narragansett Indian Tribe v. Hendrickson
Materials via Turtle Talk
2020 WL 65087
No. 1:19-cv-00158-MSM-PAS
United States District Court, D. Rhode Island.
January 7, 2020

Legal Topics: National Historic Preservation Act

Big Horn County Electric Cooperative, Inc. v. Big Man
Materials via Turtle Talk
2020 WL 42452
No. CV 17-65-BLG-SPW
United States District Court, D. Montana.
January 3, 2020

Legal Topics: Sovereign Immunity

Eglise Baptiste Bethanie de Ft. Lauderdale, Inc. v. Seminole Tribe of Florida
Materials via Turtle Talk
2020 WL 43221
No. 19-cv-62591-BLOOM/Valle
United States District Court, S.D. Florida.
January 3, 2020

Legal Topics: Sovereign Immunity