Federal Court Issues Stay Pending Appeal in Alaska Fee to Trust Case

Here are the updated materials in Akiachak Native Community v. Jewell (D.D.C.):

139 Alaska Motion for Stay

140 Akiachak Opposition

143 Alaska Reply

145 DCT Order

An excerpt:

For the foregoing reasons, the Court will GRANT IN PART Alaska’s motion for an injunction by enjoining the Secretary from taking any land into trust in Alaska, pending the outcome of the appeal. The Court’s ruling does not apply to the pre-existing exception for the Metlakatla Indian Community of the Annette Island Reserve or its members. 25 C.F.R. § 151.1; see also 79 Fed.Reg. 24,648, 24,649.

Materials on the merits here. Materials on the motion for reconsideration here.

Ninth Circuit En Banc Oral Argument Audio in United States v. Zepeda

Here.

Panel opinion here.

Al Jazeera Profile on Indian Country Payday Lending

Nick Nehamas’ profile, “The tribe that said no: How one rogue tribal member tried to drag the Oglala Sioux into payday lending.”

DOJ ENRD (Indian Resources) Seeks Trial Attorney for Denver Office

Here.

A description:

The Indian Resources Section, U.S. Department of Justice, Environment & Natural Resources Division, is seeking an experienced attorney for the position of Trial Attorney in Denver, CO. The Indian Resources Section represents the United States in its trust capacity in litigation pending in federal and state courts for the benefit of Indian tribes and individual Indians. These suits include seeking to establish tribal water rights, protecting treaty hunting and fishing rights, remedying trespasses on tribal lands, and establishing reservation boundaries and rights to land. The Indian Resource Section also defends the United States in legal challenges to agency programs designed to further tribal sovereignty, such as the Department of the Interior’s program for the acquisition of trust land for tribes. The litigation handled by the Indian Resources Section is of vital interest to Indian tribes and often addresses issues of first impression.

Anishinaabe Nibi Inaakonigewin (water law) Report by Aimée Craft

Amazing material. Here.

Tribal Court Injunction in Paskenta Band Leadership Dispute

Here is the order in Paskenta Band of  Nomlaki Indians v. Swearinger (Paskenta Band of Nomlaki Indians Tribal Court):

Order Granting Plaintiffs’ Motion for Preliminary Injunction

Northwest Intertribal Court System Appellate Opinions Now Online

Here.

More details:

NICS Appellate Reporter announcement

NICS Appellate Reporter press release

NICS Appellate Reporter print edition order form

 

Federal Court Sends Coeur d’Alene Tribe Poker Dispute to Arbitration

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Coeur d’Alene Tribe Reply

35 DCT Order

Prior briefs here.

Ambassador Harper delivers Joint Statement on Eliminating Violence Against Indigenous Women and Girls

Here is “Joint Statement on Eliminating Violence against Indigenous Women and Girls.”

The text:

I have the honor to make this statement on behalf 35 countries.

[Albania, Australia, Austria, Belgium, Benin, Bulgaria, Chile, Croatia, Congo, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guatemala, Iceland, Italy, Lithuania, the former Yugoslav Republic of Macedonia, Mexico, Moldova, Montenegro, the Netherlands, New Zealand, Norway, Poland, Portugal, Slovenia, Spain, St Kitts and Nevis, Sweden, Switzerland, the United Kingdom, and the United States.]

As we prepare for the upcoming World Conference on Indigenous Peoples, we express great concern that indigenous women and girls often suffer multiple and intersecting forms of discrimination and poverty that increase their vulnerability to all forms of violence.  We also stress the need to seriously address the high and disproportionate rates of violence, which takes many forms, against indigenous women and girls worldwide.  Indigenous women and girls have the same human rights and fundamental freedoms as everyone else, and a common recognition of those rights must underpin efforts to address violence against indigenous women and girls.

Improving access to justice and empowering indigenous peoples are critical to this effort.  We recognize that indigenous peoples themselves may well be in the best position to combat violence against indigenous women and girls.  They are closer and better able to address the issue when provided with tools and the legal capability to stop the violence.  We will strive to, and encourage other states to, where appropriate, enable and empower indigenous peoples to better address these issues themselves by providing resources, adopting legislation and policies, and taking other necessary steps in an effort to stop the cycle of violence that affects them.  We also stress the need for coordination and dialogue between state and indigenous justice institutions to improve access to justice for indigenous women and girls and to enhance awareness campaigns, including ones directed at men and boys.

Ending the global scourge of violence against indigenous women and girls will also require comprehensive support services for survivors and improved data collection to illuminate the scope of the problem.  It will demand intensified measures to provide accountability for perpetrators and redoubled efforts to prevent abuse.  It will also entail improvements in indigenous women’s access to birth registration.  Respecting and promoting reproductive rights – including the right to make decisions concerning reproduction free of discrimination, coercion and violence, and access to comprehensive sexual and reproductive health services – must be integral to our efforts to end violence against indigenous women and girls.

We believe the topic of violence against indigenous women and girls requires greater attention.  We encourage the relevant UN mechanisms to recommend ways to use the UN’s existing tools more effectively to prevent and address this serious problem.  We also believe the upcoming World Conference on Indigenous Peoples should consider this problem and ways to heighten awareness and respond to this concern throughout the UN system.  The meaningful participation of indigenous representatives in the World Conference and its preparatory process will be essential in this regard.

Complaint Challenging New 30-Year Eagle Permit Rule

Here is the complaint in Shearwater v. Ashe (N.D. Cal.).

Plaintiffs are challenging a final nationwide regulation promulgated by the U.S. Fish and Wildlife Service (“FWS” or “Service”) and the U.S. Department of the Interior (“DOI”) on December 9, 2013 that “extend[ed] the maximum term for programmatic permits” to kill or otherwise “take” bald and golden eagles from five years to thirty years. 78 Fed. Reg. 73704. This major rule change – the “thirty-year eagle take rule” – applies to industrial activities of all Case5:14-cv-02830 Document1 Filed06/19/14 Page1 of 23 kinds that incidentally take federally protected eagles in the course of otherwise lawful activities
but, as acknowledged by the Service, was promulgated specifically to respond to the wind power industry’s desire to facilitate the expansion of wind energy projects in areas occupied by eagles. Id. at 73709. However, the rule was adopted in flagrant violation of the National Environmental Policy Act, 42 U.S.C. §§ 4321-4370f (“NEPA”) because the Service did not prepare any document analyzing the environmental impacts of the rule change, as required by NEPA and its implementing regulations. In addition, the rule change violates the Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668d (“BGEPA”), and the Administrative Procedure Act, 5 U.S.C. § 706(2), because the rule subverts the basic eagle protection purposes of BGEPA and eliminates crucial procedural and other safeguards for eagle populations without any adequate explanation. Accordingly, the regulation should be vacated and remanded to Defendants for compliance with federal law.