Earthworks keeps case moving amidst gov't shutdown

Executive Summary

• Earthworks Industries Inc. (via its subsidiary Cortina Integrated Waste Management Inc.) provided a procedural update regarding its lawsuit challenging the U.S. Department of the Interior's Board of Indian Appeals (IBIA) decision to cancel a federally approved lease with the Kletsel Dehe Wintun Nation.
• The court hearing originally scheduled for October 27, 2025, has been vacated, and all summary judgment motions have been taken under submission following a stipulation agreed upon by the parties.
• The delay was necessitated by the expiration of U.S. Department of Justice appropriations on September 30, 2025, which prohibited DOJ attorneys from working on ordinary civil cases, thereby forcing the parties to adjust the litigation schedule.

Key Details

• Legal Action: The lawsuit challenges the IBIA's order purporting to cancel the federally approved lease between Cortina Integrated Waste Management Inc. (CIWM) and the Kletsel Dehe Wintun Nation of the Cortina Rancheria, California.
• Procedural Status: On October 16, 2025, the parties entered a stipulation approved by the U.S. District Court for the Eastern District of California.
• Hearing Status: The hearing set for October 27, 2025, is vacated.
• Motion Status: The plaintiff's motion for summary judgment and the federal defendant's and defendant-intervenor's cross-motions for summary judgment are taken under submission.
• Court Discretion: The court retains the power to reopen the matter for further briefs or oral arguments if deemed necessary.
• Cause of Delay: U.S. Department of Justice appropriations expired on September 30, 2025. DOJ attorneys are prohibited from working on non-emergency civil cases without funding.
• Future Steps: The parties have requested that any future hearing be scheduled for a date as soon as federal funding permits.
• Company Position: Earthworks Industries anticipates a successful affirmation by the court regarding the validity and enforceability of the lease at Cortina.

Notable Quotes

• "The company looks forward to a successful affirmation by the court of the validity and enforceability of the lease at Cortina."