Justia Native American Law Opinion Summaries

Articles Posted in US Court of Appeals for the First Circuit
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The First Circuit affirmed the decision of the Department of the Interior's Bureau of Indian Affairs (BIA) to take two parcels of land in Massachusetts into trust for the Mashpee Wampanoag Indian Tribe, holding that the BIA's application of its legal interpretation to the facts was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.Appellants brought this action challenging the Interior's 2021 record of decision reaffirming its 2015 decision to take the land into trust for the Tribe, arguing that the Tribe did not qualify as a "tribe" within the meaning of the Indian Reorganization Act, that the Tribe was not "under Federal jurisdiction," and that the parcel of land was not eligible activities under the Indian Gaming Regulatory Act. The district court granted summary judgment for the Interior and the Tribe. The First Circuit affirmed, holding that Appellants were not entitled to relief on any of their allegations of error. View "Littlefield v. U.S. Dep't of the Interior" on Justia Law

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The First Circuit affirmed the judgment of the district court dismissing Appellants' complaint against the Town of Lynnfield, Massachusetts and several of the town's agencies and employees (collectively, Lynnfield) in this dispute over Appellants' spring water business, holding that there was no error or abuse of discretion.Appellants owned and operated the Pocahontas Spring in Lynnfield, Massachusetts, which sat on protected wetlands subject to state and local regulations. When Appellants sought to revive their spring water business and to maintain the Spring for Native Americans as a source of healing water. Appellants brought this complaint alleging that Lynnfield conspired to have neighbors lodge false complaint about Appellants' allegedly unlawful activities at the Spring and Lynnfield would respond to intimidate Appellants and interfere with their business. The First Circuit affirmed the district court's dismissal of the complaint, holding that Appellants' failure adequately to brief their two First Amendment claims proved fatal in this case. View "Gattineri v. Town of Lynnfield, Mass." on Justia Law

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The First Circuit reversed the bankruptcy court's dismissal of Debtor's motion to enforce an automatic stay as to a subsidiary of the Lac Du Flambeau Band of Lake Superior Chippewa Indians, holding that the Bankruptcy Code unequivocally strips tribes of their immunity,Debtor sought to enforce the Bankruptcy Code's automatic stay against one of his creditors, a subsidiary of the Lac Du Flambeau Band of Lake Superior Chippewa Indians (Band). Debtor sought an order prohibiting further collection efforts as well as damages and attorney fees. The Band and its affiliates moved to dismiss the enforcement proceeding, asserting tribal sovereign immunity. The bankruptcy court agreed and granted the motion to dismiss. The First Circuit reversed the decision of the bankruptcy court dismissing Debtor's motion to enforce the automatic stay, holding that tribes are governmental units and, thus, the Bankruptcy Code abrogates tribal sovereign immunity. View "Coughlin v. Lac du Flambeau Band of Lake Superior Chippewa Indians" on Justia Law

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The First Circuit affirmed the judgment of the order of the district court finding that the Department of the Interior's Bureau of Indian Affairs (BIA) incorrectly approved the taking of two areas of land into trust for the Mashpee Wampanoag Indian Tribe, holding that the plain meaning of the text of the Indian Reorganization Act of 1934 (IRA) precluded the BIA's interpretation of 25 U.S.C. 5129.The Tribe planned to use land taken into trust in Mashpee, Massachusetts primarily for housing and planning to use land in Taunton, Massachusetts for economic activities. In approving the taking of the two areas of land into trust for the Tribe the BIA construed 25 U.S.C. 5129 to permit it to accept lands for the Tribe. The district court remanded the matter to the BIA, finding that the BIA incorrectly read the statute as giving it authority to take land into trust for the Tribe. The First Circuit affirmed, holding (1) the IRA unambiguously foreclosed the BIA's interpretation of 25 U.S.C. 5129; and (2) therefore, the BIA lacked authority to take land into trust for the benefit of the Tribe. View "Littlefield v. Mashpee Wampanoag Indian Tribe" on Justia Law

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The First Circuit affirmed the district court’s dismissal of the complaint filed by the Narragansett Indian Tribe against federal and Rhode Island agencies concerning a highway bridge reconstruction over historic tribal land, holding that the Tribe’s claim was not the type of claim federal courts may adjudicate.The Tribe filed suit in federal district court alleging breach of contract and seeking declaratory and injunctive relief. The heart of the Tribe’s claim contended that the state of Rhode Island broke a promise made to the Tribe. The district court granted Defendants’ motions to dismiss, concluding (1) as to the federal defendants, none of the three statutes identified in the complaint waived the federal government’s sovereign immunity as to the Tribe’s claims; and (2) as to the state defendants, the Tribe alleged no basis to support the court’s exercise of jurisdiction. The First Circuit affirmed, holding (1) the National Historic Preservation Act does not waive the federal government’s sovereign immunity in connection with the bringing of this suit; and (2) as to the state agencies, the complaint lacked any basis for federal subject matter jurisdiction. View "Narragansett Indian Tribe v. Rhode Island Department of Transportation" on Justia Law