United States Opposes Cert in NLRB Cases

Here are those briefs:

15-1024 Little River Band

15-1034 Soaring Eagle

Cert petitions are here and here.

Nooksack Appellate Court Orders Nooksack Tribal Court to Comply with Order to Accept Galanda Filings

I should be specific — here is what the order says:

We decline to rule on the show cause motion at this time. However, we cannot ignore the allegation there has been noncompliance with our April 25th Order. Therefore, we hereby order the Petitioners and the Court Clerk to each respond in writing on or before June 3, 2016, on whether Petitioners complaints and related motions have been accepted for filing. The parties shall submit their written responses by mail to the Northwest Indian Court System ….

Here is the order:

In re Gabriel Galanda v Nooksack Tribal Court Order Re Written Responses to April 25 2016 Order on Petition for Writ of Mandamus

Briefs in that petition are here.

The April 25 order is here.

The lower court returned a Galanda filing on May 23 (note “rejected” stamp in upper court):

Galanda v Bernard Rejected Motion for Injunction

And again on May 25:

Galanda v. Bernard Rejected First Amended Complaint

California v. Pauma Cert Stage Briefs

Here are the briefs in California v. Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation:

Cal v Pauma Cert Petn

Pauma Cert Opposition Brief

And Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation v. California:

Pauma Cert Petn

California Cert Opposition Brief

Lower court materials here (panel, en banc).

 

Materials on Federal Seizure of $741,480 from Hopi Cultural Preservation Board Bank Account

Here are the materials so far in United States v. $741,480.00 (D. Ariz.):

1 Complaint

17 Application for Default Judgment

21 Application for Partial Default Judgment

Harvard Law School Profile of Elizabeth Reese, Who Graduates Thursday!

Here is “Elizabeth Reese: The making of a modern warrior.”

Excerpts:

Reese was raised 20 miles north of Santa Fe, New Mexico, at the foot of the Sangre de Cristo Mountains, as a member of the Pueblo of Nambé tribe. The village there is small and old—it dates back to the 14th century—as is the tribe that makes the reservation home. Some 1,100 members of the 2,000-person Nambé tribe live on the 20,000-acre reservation, which is filled with cottonwoods, juniper, and scrub oak, and surrounded by sandstone and mountains and river. Such isolation has helped the community maintain its culture and traditions.

Reese was raised squarely in that community and in that culture, although she’s always felt she belonged in two very different worlds. She grew being called Elizabeth but also Yunpovi (which means Willow Flower in the Tewa language). She may have been surrounded by scrub pine, but her father read her Homer as a child, which helped her navigate traditionally elite white spaces more easily than she might have otherwise.

And:

As an undergraduate she developed a background in political theory, which led her to England and the University of Cambridge. There she earned a Master of Philosophy in political thought and intellectual history and did work on Indian political theory. She counts herself as one of the first Native Americans to attend the university and one of the first scholars there to focus on Indian ideas.

Reese’s commitment to the study—and protection—of Native concerns led her to Harvard Law School and shaped her focus during her three years. She built visibility, programming, and recruitment as a leader in the HLS Native American Law Students Association. She helped to write a District Court amicus brief intervening in a tribal water jurisdiction case through the Native Amicus Briefing Project. She also served as a congressional intern and a fellow for the Senate Judiciary Committee, and interned at the Department of Justice in the civil rights division.

And:

After graduation Reese will clerk for Judge Amul R. Thapar at the U.S. District Court for the Eastern District of Kentucky. Late in the year she’ll head to Washington, D.C., as a Public Service Venture Fund Redstone Fellow at the NAACP Legal Defense and Educational Fund. The breadth of cases she’ll be part of—from litigating voting rights on one side of the country to school desegregation on the other side—excites her.

While Reese hopes to spend the early part of her career working on civil rights cases that affect the lives of people of color in the U.S—including her family members—she also hopes to someday practice Indian law. After all it’s the law, she says, that determines whether or not Indian tribes survive.

“It can’t be understated how fragile our future is—how our survival is still something we have to fight for,” says Reese. “Unlike a lot of other groups or identities, this is our only homeland. Our culture exists nowhere else in the world if we fail to ensure its survival here. I take that challenge very seriously and hope I can do all I can to protect my tribe and my people and our sovereignty.”

Remaining CERCLA Claims against Laguna Dismissed

Here are the materials in Atlantic Richfield Co. v. United States (D. N.M.):

80 LCC Motion for Reconsideration

83 Opposition

91 LCC Reply

93 DCT Order

Menominee Tribe Loses Hemp Suit

Here is the decision in Menominee Indian Tribe of Wisconsin v Drug Enforcement Administration (E.D. Wis.):

26 DCT Order

Briefs here.

Jessica Shoemaker on American Indian Property, Sovereignty, and the Future

Jessica Shoemaker has posted “Complexity’s Shadow: American Indian Property, Sovereignty, and the Future,” forthcoming in the Michigan Law Review.

Here is the abstract:

This article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this article argues that the complexity of today’s federally imposed reservation property system does much the same colonizing work that historic Indian land policies — from allotment to removal to termination — did overtly. But now these inequities are largely shadowed by the daunting complexity of the whole over-arching structure.

This article introduces a new taxonomy of complexity in American Indian land tenure and explores particularly how the recent trend of hyper-categorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian Country. The entirety of this structural complexity serves no adequate purpose for Indian landowners or Indian nations and instead creates perverse incentives to grow the federal oversight role. Complexity begets more complexity, and this has created a self-perpetuating and inefficient cycle of federal control. However, stepping back and reviewing Indian land tenure as a system — a whole complex, dynamic, and ultimately adaptable system — actually introduces new and potentially fruitful management techniques borrowed from social and ecological sciences. Top-down Indian land reforms have consistently intensified complexity’s costs. This article explores how emphasizing grassroots experimentation and local flexibility instead can create critical space for reservation-by-reservation property system transformations into the future.

Nooksack Tribe Denies Business Licenses to Two Law Firms

Here:

Katherine Canete Letter Denying Corr Downs Business License

Katherine Canete Letter Denying Galanda Broadman Business License

 

National Indian Law Library Bulletin (5/19/2016)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 5/19/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
National Wildlife Federation v. National Marine Fisheries Service (Endangered Species Act – Fisheries)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about the efforts of the Senate Committee on Indian Affairs to move bills quickly through Congress.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a rule of the Environmental Protection Agency on a revised interpretation of the Clean Water Act tribal provision.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
We added these articles:
The Washington Redskins’ deflating hope: the Lanham Act survives the First Amendment challenge.
Gas, roads, and glory: North Dakot a and MHA nation’s struggle over flaring regulation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added two new bills:
S.2950: A bill to require the Administrator of the Environmental Protection Agency to receive, process, and pay certain claims relating to the Gold King Mine spill.
H.R.4238:  To amend the Department of Energy Organization Act and the Local Public Works Capital Development and Investment Act of 1976 to modernize terms relating to minorities.