Litigation

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In the Supreme Court of the United States, October term, 1971, No. [blank]: Starlie Lomayaktewa, et al., petitioner, v. Honorable Howard F. Corcoran, United States District Court Judge, Rogers C.B. Morton, individually and in his capacity as Secretary of
Title
In the Supreme Court of the United States, October term, 1971, No. [blank]: Starlie Lomayaktewa, et al., petitioner, v. Honorable Howard F. Corcoran, United States District Court Judge, Rogers C.B. Morton, individually and in his capacity as Secretary of the Interior, and Peabody Coal Company, respondents: petition for a writ of certiorari to the United States Court of Appeals for the District of Columbia
Summary
Case summary: An Indian tribe is an indispensable party which cannot be joined without its consent in a suit by tribal members to set aside Interior Secretary's approval of strip mining lease between tribe and coal company.
Year
1972
Type
Litigation
Publisher
Bradford Pub.
Place
Denver
Dan Andrade (1) and Joe Carrillo (2), individually, and on behalf of all other persons similarly situated v. The United States: Pitt River Tribe et al. v. The United States: nos. 347-72, 47-73
Title
Dan Andrade (1) and Joe Carrillo (2), individually, and on behalf of all other persons similarly situated v. The United States: Pitt River Tribe et al. v. The United States: nos. 347-72, 47-73
Summary
Case summary: The Court of Claims held the action filed attempting to overturn the 1964 judgement of the Indian Claims Commission was barred by the statute of limitations and laches due to inaction for eight years after the cause of action was known. The court also held that the claims pertaining to the 1968 Act of Congress setting up a Roll of Indians to share in a settlement were inadequately briefed.
Year
1973
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
United States Court of Appeals for the Tenth Circuit: no. 73-1807 : United States of America, appellant, v. Mary Akin, et al., appellees: appeal from the judgment of the United States District Court for the District of Colorado
Title
United States Court of Appeals for the Tenth Circuit: no. 73-1807 : United States of America, appellant, v. Mary Akin, et al., appellees: appeal from the judgment of the United States District Court for the District of Colorado: brief of amici curiae Southern Ute Indian tribe, Ute Mountain Ute Indian tribe, and National Tribal Chairmen's Association
Summary
Appeal from the judgment of the United States District Court for the District of Colorado : brief of amici curiae Southern Ute Indian tribe, Ute Mountain Ute Indian tribe, and National Tribal Chairmen's Association.
Year
1973
Type
Litigation
Publisher
Native American Rights Fund
Place
Boulder, Colo.
In the United States Court of Appeals for the Eighth Circuit: no. 71-1661 criminal: United States of America, appellee, v. Percy Kills Plenty, appellant.
Title
In the United States Court of Appeals for the Eighth Circuit: no. 71-1661 criminal: United States of America, appellee, v. Percy Kills Plenty, appellant.: brief of amicus curiae
Summary
Case summary: Indian's acquittal of driving while intoxicated by tribal court did not bar prosecution and conviction for involuntary manslaughter arising from same incident in federal court.
Year
1972
Type
Litigation
Publisher
[Native American Rights Fund]
Place
[Boulder, Colo.]
United States Court of Appeals for the Ninth Circuit: no. 74-2414 : United States of America, plaintiff-appellee, Muckleshoot Indian Tribe, Squaxin Island Tribe of Indians, Sauk-Suiattle Indian Tribe, Skokomish Indian Tribe, Stillaguamish Tribe of Indians
Title
United States Court of Appeals for the Ninth Circuit: no. 74-2414 : United States of America, plaintiff-appellee, Muckleshoot Indian Tribe, Squaxin Island Tribe of Indians, Sauk-Suiattle Indian Tribe, Skokomish Indian Tribe, Stillaguamish Tribe of Indians, Quinault Tribe of Indians, Makah Indian Tribe, Lummi Indian Tribe, Quileute Indian Tribe, Hoh Tribe of Indians, Confederated Tribes and Bands of the Yakima Indian Nation, Upper Skagit River Tribe, Nisqually Indian Community of the Nisqually Reservation, and Puyallup Tribe of the Puyallup Reservation, intervenor-plaintiffs-appellees v. State of Washington, defendant-appellant, Thor C. Tollefson, director, Washington State Department of Fisheries; Carl Crouse, director, Washington Department of Game; Washington State Game Commission; and Washington Reef Net Owners Association, intervenor-defendants-appellants: Northwest Steelheaders Council of Trout Unlimited, intervenor-appellant: on appeal from the United States District Court for the Western District of Washington: brief of tribal appellees
Summary
Case summary: Tribes are entitled to continued access to traditional off-reservation fishing grounds, one-half total run of fish, and may regulate their members' fishing, while state may regulate Indian fishing rights only if necessary for conservation and if run cannot otherwise be preserved.
Year
1974
Type
Litigation
Publisher
[Native American Rights Fund?]
Place
[Boulder, Colo.?]
In the Supreme Court of the United States, October term, 1971, no. 71-738: the Mescalero Apache tribe, petitioner, v. Franklin Jones, Commissioner of the Bureau of Revenue of the state of New Mexico, and the Bureau of Revenue of the state of New Mexico, r
Title
In the Supreme Court of the United States, October term, 1971, no. 71-738: the Mescalero Apache tribe, petitioner, v. Franklin Jones, Commissioner of the Bureau of Revenue of the state of New Mexico, and the Bureau of Revenue of the state of New Mexico, respondents: brief of Native American Rights Fund as amicus curiae in support of the petitioner
Summary
In the Supreme Court of the United States, October term, 1971.
Year
1971
Type
Litigation
Publisher
Byron S. Adams Printing
Place
Washington, D.C.
United States of America, plaintiff-appellant, v. Mary Akin et al., defendants-appellees: no. 73-1807
Title
United States of America, plaintiff-appellant, v. Mary Akin et al., defendants-appellees: no. 73-1807
Summary
Case summary: Court of Appeals reversed dismissal of the action brought by the United States on its own behalf and on behalf of the Southern Ute and the Ute Mountain Ute Indian tribes for adjudication of reserved water rights in the San Juan Basin. The Colorado River Water Conservation District intervened as defendant asserting the McCarran Amendment provides a state court jurisdiction over the United States in suits involving adjudication of water rights and excludes federal courts from assuming jurisdiction. The Court of Appeals rejected the argument and held the United States District Court for the District of Colorado did not lack jurisdiction to hear the action and its abstention was improper.
Year
1974
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the United States Court of Appeals for the Ninth Circuit: the Jicarilla Apache Tribe of Indians, et al., plaintiffs-appellants, v. Rogers C.B. Morton, et al., defendants-appellees: National Wildlife Federation and the Environmental Defense Fund, Inc.,
Title
In the United States Court of Appeals for the Ninth Circuit: the Jicarilla Apache Tribe of Indians, et al., plaintiffs-appellants, v. Rogers C.B. Morton, et al., defendants-appellees: National Wildlife Federation and the Environmental Defense Fund, Inc., plaintiffs-appellants, v. Rogers C.B. Morton, et al., defendants-appellees: on appeal from the United States District Court for the District of Arizona: brief for the plaintiffs-appellants
Summary
Case summary: The District Court ruled the Secretary had complied with federal environmental laws in preparing separate environmental impact statements concerning construction of power complex on and near reservations and was not required to conduct overall area analysis considering cumulative impact as alleged by tribes.
Year
1972
Type
Litigation
Publisher
[Native American Rights Fund?]
Place
[Boulder, Colo.?]
In the Supreme Court of the United States, October term, 1971, no. 71-183: the Agua Caliente Band of Mission Indians, by and through its tribal council, and Dora Joyce Prieto, Priscilla Gonzales, Gloria Gillettee, Patrick Patencio and Lawrence Pierce, all
Title
In the Supreme Court of the United States, October term, 1971, no. 71-183: the Agua Caliente Band of Mission Indians, by and through its tribal council, and Dora Joyce Prieto, Priscilla Gonzales, Gloria Gillettee, Patrick Patencio and Lawrence Pierce, allottees, individually and in class action, on behalf of all allottees of allotted land on the Agua Caliente Band of Mission Indians reservation, petitioners, v. The County of Riverside, a political subdivision of the state of California, respondents: reply of Native American Rights Fund, California Indian Legal Services, Dinebeiina Nahiilna be Agaditahe, and Association on American Indian Affairs, Inc., as amici curiae to memorandum for the United States
Summary
Case summary: Possessory interest tax could be imposed on lesses of Indian land absent legislation demonstrating a congressional purpose to forbid imposition of tax.
Year
1971
Type
Litigation
Publisher
Thiel Press
Place
Washington, D.C.
In the Supreme Court of the United States, October term, 1971, No. [blank]: Winnebago Tribe of Nebraska, petitioner, v. United States of America, respondent.
Title
In the Supreme Court of the United States, October term, 1971, No. [blank]: Winnebago Tribe of Nebraska, petitioner, v. United States of America, respondent.: petition for a writ of certiorari to the United States Court of Appeals for the Eighth Circuit
Summary
Case summary: In suit by tribe contending that congressional legislation enabling condemnation of tribal land for federal water project failed to manifest requisite intent to abrogate treaty rights, U.S. Supreme Court held that orders denying tribe's request for relief were not appealable.
Year
1972
Type
Litigation
Publisher
Bradford Pub.
Place
Denver
In the Supreme Court of the United States, October term, 1977, no. 76-5729, Mark David Oliphant and Daniel B. Belgarde, petitioners, v. the Suquamish Indian Tribe, et al., respondents, on writ of certiorari to the United States Court of Appeals for the ni
Title
In the Supreme Court of the United States, October term, 1977, no. 76-5729, Mark David Oliphant and Daniel B. Belgarde, petitioners, v. the Suquamish Indian Tribe, et al., respondents, on writ of certiorari to the United States Court of Appeals for the ninth circuit: brief of amicus curiae, National American Indian Court Judges Association
Summary
Case summary: The US Supreme Court decision stated that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians for offenses committed on their reservations, and hence may not assume such jurisdiction unless specifically authorized to do so by treaty or statute.
Year
1977
Type
Litigation
Publisher
Craftsman Press
Place
Seattle
Opening brief of appellees and cross-appellants High Country Citizens' Alliance, Gunnison Angling Society, Western Colorado Congress, Colorado Wildlife Federation, and National Wildlife Federation : in the matter of the application for water rights of the
Title
Opening brief of appellees and cross-appellants High Country Citizens' Alliance, Gunnison Angling Society, Western Colorado Congress, Colorado Wildlife Federation, and National Wildlife Federation : in the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County : The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of America; Crystal Creek Homeowners Association and Ernest H. Cockrell; Colorado Wildlife Federation; Gunnison Angling Society; High Country Citizens' Alliance; National Wildlife Federation; Western Colorado Congress; Rainbow Services, Inc.; Upper Gunnison River Water Conservancy District; and Board of County Commissioners of Gunnison County, Colorado, objectors-appellees/cross-appellants, v. Colorado River Water Conservation District; Henry J. Berryhill, Jr.; City of Delta; City of Montrose; City of Grand Junction; City of Gunnison; Tri-state Generation and Transmission Association, Inc.; Crested Butte Water and Sanitation District; Perkins D. Sams; East River at Almont Property Owners Association; Gunnison County Electric Association; Murdie Homeowners' Association, Inc.; Mr. and Mrs. Charles Reeder; Virgil and Lee Spann Ranches, Inc.; State Engineer; State Board of Land Commissioners; Three Rivers Resort, Inc.; Uncompahgre Valley Water Users Association; Joseph P. Vader, Raymond P. Van Tuyl, Charles Richard Collard, Thomas E. Collard and Taylor Park Pool Association; and Wapiti Canyon Ranch, Ltd., objectors-appellees, and Keith Kepler, division engineer, Water Division 4, appellee pursuant to C.A.R. 1(e)
Year
1994
Type
Litigation
Place
[Boulder, Colo.]
City of Williams, et al., plaintiffs, v. Michael Dombeck, et al., defendants: no. civ.a. 00-0066 CKK
Title
City of Williams, et al., plaintiffs, v. Michael Dombeck, et al., defendants: no. civ.a. 00-0066 CKK
Summary
Case summary: The District Court granted in part and denied in part plaintiffs' claims against the United States Forest Services' decisions to approve land exchanges near the Grand Canyon. Plaintiffs' claims allege violations of the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Exchange Management Act (FLPMA). The court dismissed plaintiff's claims in violation of FLPMA as unripe because the Forest Service's decision to exchange land is dependent on title transfer and rezoning, neither of which have occurred or are imminent. The Court granted defendants summary judgment as to violation of NEPA stipulated in counts IV, V, and VII of plaintiffs' complaint and granted plaintiffs summary judgment as to violation of NEPA stipulated in count III of its complaint.
Year
2001
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
City of Williams, et al., plaintiffs, v. Michael Dombeck, et al., defendants: civ.a. no. 00-0066(CKK)
Title
City of Williams, et al., plaintiffs, v. Michael Dombeck, et al., defendants: civ.a. no. 00-0066(CKK)
Summary
Case summary: The United States District Court for the District of Columbia denied plaintiffs' motion to amend its complaint against the United States Forest Service alleging violations of the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Exchange Management Act (FLPMA). The Court found plaintiffs' proposed amendments to the complaint were not warranted and would unduly prejudice the defendants because of the untimeliness of the amendments and the addition of tangentially related claims.
Year
2001
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul
In the Supreme Court of the United States, October term, 1972: United States of America, plaintiff v. States of Nevada and California, defendants
Title
In the Supreme Court of the United States, October term, 1972: United States of America, plaintiff v. States of Nevada and California, defendants: brief of the Pyramid Lake Paiute Tribe of Indians as amicus curiae in support of motion for leave to file complaint
Summary
Case summary: The U.S. Supreme Court rules that res judicata bars the United States and the Pyramid Lake Paiute Tribe from seeking water rights to the Truckee River to preserve Pyramid Lake and its fish populations.
Year
1973
Type
Litigation
Publisher
Byron S. Adams Printing
Place
Washington, D.C.
United States Court of Appeals for the Eighth Circuit: no. 71-1122: United States of America, appellee, v. 687.30 Acres of Land, more or less, situate in Dakota and Thurston Counties, State of Nebraska, and Winnebago Tribe of Nebraska, appellant: appeal f
Title
United States Court of Appeals for the Eighth Circuit: no. 71-1122: United States of America, appellee, v. 687.30 Acres of Land, more or less, situate in Dakota and Thurston Counties, State of Nebraska, and Winnebago Tribe of Nebraska, appellant: appeal from the United States District Court for the District of Nebraska: brief of appellants
Summary
Case summary: Suit by Winnebago Tribe of Nebraska contends that congressional legislation enabling condemnation of tribal land for federal water project failed to manifest requisite intent to abrogate treaty rights. Court holds that orders denying tribe's request for relief were not appealable.
Year
1971
Type
Litigation
In the Supreme Court of the United States, October term, 1973 : no. 73-1575: John D. Callahan, et al., petitioners v. Charles E. Kimball, et al., respondents
Title
In the Supreme Court of the United States, October term, 1973 : no. 73-1575: John D. Callahan, et al., petitioners v. Charles E. Kimball, et al., respondents: memorandum of respondents in opposition to petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit
Summary
Case summary: Former members of terminated Klamath Tribe who withdrew from tribe, and their descendants, retain rights under the Treaty of 1864 to hunt and fish within the former reservation free from state control, except for conservation purposes. Termination did not abrogate the hunting and fishing rights guaranteed by treaty of tribal members who withdrew from tribe and accepted individual shares rather than interest share in tribal property.
Year
1974
Type
Litigation
Publisher
Byron S. Adams Printing
Place
Washington, D.C.
In the United States Court of Appeals for the Ninth Circuit : nos. 74-2438, 74-2705, 74-2602: United States of America, plaintiff, Muckleshoot Indian Tribe, Squaxin Island Tribe of Indians, Sauk-Suiattle Indian Tribe, Skokomish Indian Tribe, Stillaguamish
Title
In the United States Court of Appeals for the Ninth Circuit : nos. 74-2438, 74-2705, 74-2602: United States of America, plaintiff, Muckleshoot Indian Tribe, Squaxin Island Tribe of Indians, Sauk-Suiattle Indian Tribe, Skokomish Indian Tribe, Stillaguamish Tribe of Indians, Quinault Tribe of Indians, Makah Indian Tribe, Lummi Indian Tribe, Quileute Indian Tribe, Hoh Tribe of Indians, Confederated Tribes and Bands of the Yakima Indian Nation, Upper Skagit River Tribe, Nisqually Indian Community of the Nisqually Reservation, and Puyallup Tribe of the Puyallup Reservation, intervenor-plaintiffs-appellants v. State of Washington, defendant-appellee, Thor C. Tollefson, director, Washington State Department of Fisheries; Carl Crouse, director, Washington Department of Game; and Washington State Game Commission, intervenor-defendants-appellees: on appeal from the United States District Court for the Western District of Washington: appellants' opening brief
Summary
Case summary: Tribes are entitled to continued access to traditional off-reservation fishing grounds, one-half total run of fish, and may regulate their members' fishing, while state may regulate Indian fishing rights only if necessary for conservation and if run cannot otherwise be preserved.
Year
1974
Type
Litigation
Publisher
[Native American Rights Fund?]
Place
[Boulder, Colo.?]
Reply brief of cross-appellants High Country Citizens' Alliance, Gunnison Angling Society, Western Colorado Congress, Colorado Wildlife Federation, and National Wildlife Federation: in the matter of the application for water rights of the Board of County
Title
Reply brief of cross-appellants High Country Citizens' Alliance, Gunnison Angling Society, Western Colorado Congress, Colorado Wildlife Federation, and National Wildlife Federation: in the matter of the application for water rights of the Board of County Commissioners, County of Arapahoe, in Gunnison County: The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of America; Crystal Creek Homeowners Association and Ernest H. Cockrell; Colorado Wildlife Federation; Gunnison Angling Society; High Country Citizens' Alliance; National Wildlife Federation; Western Colorado Congress; Rainbow Services, Inc.; Upper Gunnison River Water Conservancy District; and Board of County Commissioners of Gunnison County, Colorado, objectors-appellees/cross-appellants, v. Colorado River Water Conservation District; et al., objectors-appellees, and Keith Kepler, division engineer, Water Division 4, appellee pursuant to C.A.R. 1(e)
Year
1994
Type
Litigation
Place
[Boulder, Colo.]
Joint Tribal Council of the Passamaquoddy Tribe et al., plaintiffs, v. Rogers C. B. Morton, Secretary, Department of the Interior, et al., defendants, and State of Maine, intervenor: civ. no. 1960
Title
Joint Tribal Council of the Passamaquoddy Tribe et al., plaintiffs, v. Rogers C. B. Morton, Secretary, Department of the Interior, et al., defendants, and State of Maine, intervenor: civ. no. 1960
Summary
Case summary: United States has trust obligation to enforce Indian land claim dormant for two centuries since the restriction against alienation imposed on Indian lands by the Indian Nonintercourse Act extends to aboriginal rights of "non-recognized" tribes located in original colonies.
Year
1975
Type
Litigation
Publisher
West Pub. Co.
Place
St. Paul

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