Author: Sarah M Donnelly

Patent Trial and Appeal Board Amicus Briefs on Tribal Immunity Issue

Sarah M Donnelly

Here are the amici curiae in the matter of Mylan Pharmaceuticals Inc. et al v. St. Regis Mohawk Tribe et al:

For Movants:

In Opposition:

Link: Case archive

NCAI Webinar: Tribal Leasing and Self-Governance Under the HEARTH Act

Sarah M Donnelly

Please register for Tribal Leasing and Self-Governance Under the HEARTH Act on Dec 07, 2017 3:00 PM EST at:

https://attendee.gotowebinar.com/register/2858751509657713153

The Helping Expedite and Advance Responsible Tribal Home Ownership (HEARTH) Act was enacted by Congress in 2012 and provides tribal nations the flexibility to manage their own leases on tribal trust lands. In order to exercise this leasing authority, Tribes must first develop their own leasing regulations, consistent with Bureau of Indian Affairs (BIA) regulations at 25 C.F.R. Part 162, and have them approved by the Secretary of the Interior. Once the leasing regulations have been approved, the Tribe is able to negotiate and enter into leases of tribal trust land without further BIA approval.

Presenters:

  • Cynthia Morales, Trust Services Director, Agua Caliente Band of Cahuilla Indians
  • Matthew Carriaga, Realty Director, Ho-Chunk Nation
  • Jody Cummings, Partner, Steptoe & Johnson
  • Moderator – Jacob Schellinger, NCAI Staff Attorney & Legislative Counsel

This informative webinar will discuss tribal leasing and self-governance under the HEARTH Act.

After registering, you will receive a confirmation email containing information about joining the webinar.

GTB RFPs for ICW and Probate/Estate Planning Attorneys

Sarah M Donnelly1 Comment

Links: RFP for Indian Child Welfare Attorneys [PDF], RFP for Probate-Estate Planning Attorneys [PDF]

Deadline for submissions is 5:00 P.M. Thursday, December 14, 2017.

Court Finds Tribes’ Interim Conditions Reasonable and Appropriate

Sarah M Donnelly

Here is the opinion in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):

Doc. 304 – Memorandum Opinion

Link: Previous posts, other documents related to Dakota Access Pipeline

Indian Civil Rights Complaint Against Wash. State School District

Sarah M Donnelly

Here is the complaint in the matter of Youckton v. Mary M. Knight School District, et al., 17-cv-05939 (W.D. Wash.):

Doc. 1 – Complaint

A Nisqually tribal member who was beaten enough to have his jaw wired shut after his basketball game at the district’s high school is suing for failure to prevent the racially motivated attack.

Special Master’s Final Report on Redistricting San Juan County

Sarah M Donnelly

Here are the materials in the matter of Navajo Nation et al v. San Juan County et al, 12-cv-00039 (D. Utah):

Final Report of Bernard Grofman, Special Master

Link: Previous posts

Indigenous Environmental Network’s Suit Against Keystone XL Will Proceed

Sarah M Donnelly

Here is the order in the matter of Indigenous Environmental Network v. U.S. Dep’t of State, No. 4:17-cv-00029-BMM (D. Mont.):

Doc. 93 – Order

Link: Previous posts

Conn. and Tribes Sue Interior For Failure to Publish Gaming Compact Amendments

Sarah M Donnelly

Here is the complaint in the matter of State of Connecticut et al v. Zinke et al, 17-cv-02564 (D.D.C. Nov. 29, 2017):

Doc. 1 – Civil Cover Sheet and Complaint

With the State of Connecticut, the Mohegan and Mashantucket Pequot Tribes have filed suit against the Secretary of Interior after the Department failed to treat submitted
amendments to their gaming compact as deemed approved and publish in the Federal Register notice that the amendments are deemed approved.

Friday Job Announcements

Sarah M Donnelly1 Comment

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

Southern Ute Indian Tribe

Legal Department Director, Ignacio, C.O. Will lead a well-established staff of three Tribal Attorneys, a Deputy Director, and a Legal Assistant. Position closes at 5:00 pm Mountain Standard Time on 12/18/2017.

Native American Program of Legal Aid Services of Oregon (NAPOLS)

Tribal Domestic Violence/Sexual Assault Program Specialist, limited-duration, Portland, O.R. Will work with the Burns Paiute Tribe to strengthen the Tribe’s response to DV, SA, dating violence, and stalking.

Havasupai Tribe

Chief Judge, Supai, A.Z. Presides over a broad range of civil and criminal cases for the Havasupai Tribal Court.

Sac & Fox Tribe of the Mississippi in Iowa

Associate Judge, Tama, I.A. Responsible for fairly and impartially hearing and deciding judicial cases and matters at the Trial Court level within the jurisdiction of the Sac and Fox Tribal Court pursuant to the Sac and Fox Tribe of the Mississippi in Iowa tribal laws, codes, rules and regulations.

Morongo Band of Mission Indians

Tribal Attorney, Banning, C.A. Represents the interests of the Morongo Tribe, Morongo Tribal Government, Morongo Tribal Administration, and Morongo Tribal programs, including but not limited to direct representation in tribal and state court of Morongo Tribal government / programmatic interests as directed by the In House General Counsel.

Sitka Tribe of Alaska

Family Law Attorney, Sitka, A.K. Provides holistic legal representation to Native American victims of domestic violence and sexual assault – Salary DOE –  Full-time benefitted. Grant-funded position that will begin in January 2018 and continue for approximately three years. Applicants should submit a cover letter, resume, and writing sample to naomi.palosaari@sitkatribe-nsn.gov or by mail to Sitka Tribe of Alaska, 456 Katlian St., Sitka, AK 99835. Electronic applications preferred. First review November 27th, 2017.

Ho-Chunk Nation

Tribal Attorney, Black River Falls, W.I. Performs a wide variety of legal work representing the Nation as a government, its departments, boards, and commissions. The Tribal Attorney will prepare pleadings for hearings and other legal proceedings, perform legal research, provide court representation; and other duties as assigned. Applicants may visit the Ho-Chunk nation website to apply.

Kilpatrick Townsend & Stockton LLP

Associate, Native American Affairs Group, Washington, D.C. Seeking to hire an associate with 1-3 years of experience and a background or interest in Indian law and litigation.

Department of the Interior

Supervisory-Attorney Adviser, Federal and Indian Royalties Section, Office of the Solicitor, Lakewood, C.O. Oversees the provision of legal services to the offices and programs of the ONRR with particular emphasis on legal issues related to the appropriate interpretation and implementation of the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), codified as amended at 30 U.S.C. §§ 1701 et seq., and what is commonly known as the Mineral Leasing Act of 1920, codified as amended at 30 U.S.C. §§ 181 et seq.

Other jobs posted this week:

Alaska Fellow, Native American Rights Fund (11/29/2017)

Previous Friday Job Announcements: 11/17/2017

Cultures Under Water: Climate Impacts on Tribal Cultural Heritage CLE

Sarah M Donnelly

December 6* -8, 2017
8 a.m. – 7:30 p.m.
Memorial Union, Ventana Ballroom
1290 S. Normal Ave., Tempe, AZ 85287
Tempe campus

Extreme weather and climate events have increased over the past 50 years and Indigenous peoples are among the most vulnerable to the adverse effects because they are often inextricably tied to their land. As a result, climate change not only threatens the landscape, but also cultural identity. Indigenous peoples have used traditional knowledge to mitigate climate disruptions and to adapt to the changing environment. However, policy discussions have failed to adequately address climate impacts on cultural heritage, and the rapid rate of climate disruptions continues to threaten indigenous cultures and communities with alarming speed. This conference will build on the discussions of climate change, adaptation, and traditional knowledge by focusing specifically on climate impacts on tribal cultural heritage.

We will bring together tribal leadership and members, scientists, scholars, attorneys and activists to discuss climate change threats and challenges faced by indigenous communities. The goal is to share knowledge and resources with tribal representatives to respond to threats to cultural heritage by addressing: Is cultural heritage a human right, and why is tribal cultural heritage important? How does climate change impact tribal cultural heritage? How can tribal communities maintain cultural heritage in the face of changing climate risks? Attendees will participate in sessions that focus on identifying obstacles and proposing solutions to these challenges.

*Note: December 6 is evening only and will feature Before The Flood by Fisher Stevens. This film features Leonardo DiCaprio with contributions by many scientists and researchers from around the world, who meet and discuss the reality of climate change in various locations on five continents as they witness climate change firsthand.

On the evening of December 7, there will be a staged reading of nationally acclaimed playwright Mary Kathryn Nagle ’s play, Fairly Traceable. This play tells the story of two young attorneys – one a citizen of the Ponca Tribe of Oklahoma, the other a citizen of the Pointe-au-Chien Indian Tribe in southern Louisiana – who are both fighting to save their Tribal Nations and families from climate change.  Click here to read reviews.

  • State Bar of Arizona does not approve CLE activities, however, this activity may qualify for approximately 7 credit hours, plus 1.5 credit hours for the Fairly Traceable play. Total of 8.5 credit hours.

Register at: law.asu.edu/climateimpacts
Questions? Contact Jennifer Williams at jennifer.h.williams@asu.edu or 480-727-0420