Matthew L.M. Fletcher

Puyallup ICW Attorney Job Postings

January 20, 2014Matthew L.M. Fletcher

Here:

Asst Pros ICW.Child Welfare, closes when filled (Pros.)

ICW Attorney, when filled (Law Office)

Wrongful Termination Suit against Oglala Lakota College Filed in Federal Court Dismissed

January 20, 2014Matthew L.M. Fletcher

Here are the materials in Wilson v. Shortbull (D. S.D.):

13 Motion to Dismiss

18 MJ R&R

21 DCT Order

An excerpt:

Ms. Wilson does not object to the magistrate judge finding she failed to exhaust her tribal remedies. Rather, Ms. Wilson objects on the basis that she does not believe the tribal courts can be impartial because of their connection to OLC. (Docket 19). Ms. Wilson asserted this same argument in her response to defendants’ motion to dismiss. (Docket 16). This contention does not fall within any of the exceptions to the exhaustion requirement noted above. In addition, the court agrees with the magistrate judge in finding exhaustion of tribal remedies in this case is particularly appropriate because Ms. Wilson’s allegations are premised on the employment action of a tribally chartered organization. The court finds Ms. Wilson is required to exhaust her tribal remedies. Because Ms. Wilson has not exhausted those remedies, this court lacks jurisdiction over her action.

D.C. Circuit Strikes Down EPA’s Indian Country NSR as Applied to Oklahoma

January 20, 2014January 20, 2014Matthew L.M. Fletcher

Here is the opinion in Oklahoma Dept. of Environmental Quality v. EPA. An excerpt:

The Oklahoma Department of Environmental Quality petitions for review of a final rule promulgated by the Environmental Protection Agency establishing a federal implementation plan for the attainment of national air quality standards in “Indian country.” See Review of New Sources and Modifications in Indian Country, 76 Fed. Reg. 38,748 (2011) (codified at 40 C.F.R. pts. 49 and 51) (hereinafter Indian Country NSR Rule). Jurisdiction to implement the Clean Air Act lies initially in either a state or an Indian tribe. The EPA may in certain circumstances implement a federal program in Indian country, see 42 U.S.C. § 7601(d), but when it does so, in our view, it is subject to the same jurisdictional limitations as the tribe in whose shoes it stands. Because the EPA requires a tribe to show it has jurisdiction before regulating Indian country outside a reservation, yet made no demonstration of tribal jurisdiction before itself regulating those areas, we hold the agency was without authority to displace Oklahoma’s state implementation plan in non-reservation Indian country. We therefore grant the petition for review and vacate the Indian Country NSR Rule with respect to non-reservation lands.

Briefs are here.

Arizona COA Affirms Tribal Immunity from Contract Claim in MM&A v. Yavapai-Apache

January 20, 2014Matthew L.M. Fletcher2 Comments

Here is the opinion in MM&A PRODUCTIONS, LLC v. YAVAPAI-APACHE NATION. An excerpt:

MM&A Productions, LLC, appeals from the trial court’s judgment dismissing its contract action against the Yavapai-Apache Nation and related entities for lack of subject matter jurisdiction. It argues the court erred by concluding it had failed to show a valid waiver of the Nation’s sovereign immunity, and by not allowing further discovery and holding an evidentiary hearing before ruling. We affirm.

Here are the briefs:

MM&A Brief

Yavapai-Apache Answer Brief

MM&A Reply