Unkechaug Indian Nation, et al. v. Amanda Lefton, Commissioner, New York State Department of Environmental Conservation, et al.

Whether the District Court violated Petitioners' due process rights by granting summary judgment without first fulfilling its gatekeeping obligation under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), to rule on the parties' pending motions to exclude or limit expert testimony? Whether the District Court erred by relying on the Respondents' expert witness in its summary judgment decision without first addressing the Petitioners' motion to exclude or limit Respondents’ expert's testimony under Daubert? Whether the District Court violated Petitioners' due process rights by failing to conduct an in camera review of 4,780 documents withheld by Respondents under claims of privilege, despite having ordered such a review and having possession of the documents since May 2019? Whether the Court improperly analyzed the Andros Treaty by not finding the Treaty ambiguous and conducting the Indian Canons analysis? Whether the Court misapprehended the law in finding the Andros Treaty not valid under Federal law?