Updates in Navajo Nation v. Urban Outfitters

Here are the materials in Navajo Nation v. Urban Outfitters, 12-cv-00195 (D. N.M.):

Doc. 668 Memorandum Opinion and Order Denying in Part Defendants’ Partial Motion for Summary Judgment Based on Laches and Granting in Part Plaintiffs’ Cross-Motion for Summary Judgment on Defendants’ Affirmative Defense of Laches

Doc. 680 Memorandum Opinion and Order Granting Defendants’ Motions for Partial Summary Judgment on Plaintiffs’ Trademark Dilution Claims and Denying Plaintiffs’ Cross-Motion for Partial Summary Judgment on Those Claims

Doc. 683 Order Denying Defendants’ Motion to Limit Damages to Initial Wagner Report

Army Corps of Engineers Rejects Gateway Pacific Terminal

Download Memorandum for Record here.

The Corps has denied the permit to build a coal export facility near Cherry Point after deciding the impact to Lummi Nation fishing would violate their treaty rights.

Application process, eligibility announced for $38 million Keepseagle grants distribution

Fast-track registration opens May 25, applications close June 24

WASHINGTON D.C. – Class counsel in the Keepseagle v. Vilsack settlement today announced details about the Native American Agricultural Fast Track Fund (NAAFTF), a one-time distribution of $38 million in settlement funds.  Awards from this fund will be made on a competitive basis to non-profit organizations, tribal programs and educational institutions which provide agricultural, business, technical or advocacy services to existing and aspiring Native American farmers and ranchers.

“Among the far-reaching benefits of the Keepseagle settlement is the means for organizations which have a track record of supporting Native American farmers and ranchers to deliver valuable assistance to promote their continued engagement in agriculture — an important component of the economy in Indian Country,” said Joseph M. Sellers, lead counsel for the plaintiff class.  “The Fast Track Fund will make vital resources available to these important efforts by the end of this year.”

The NAAFTF award process begins with a one-month period for letters of intent applications to be submitted to determine eligibility (after review, eligible applicants will be invited to submit full proposals).  This first step starts May 25 at 12:00 p.m. MDT, when registration, application materials, and further process details and a timeline are made available at http://www.indianfarmclass.com/NAAFTF.aspx.  An applicant must submit a letter-of-intent application no later than Friday, June 24, 2016, by 5:00 p.m. MDT.  Technical assistance relating strictly to the application process will be available by dedicated phone and email contacts.

To be eligible, an applicant organization must document that it provided agricultural, business, technical or advocacy services to Native American farmers or ranchers between January 1, 1981, and November 1, 2010; is based in the United States; and is one of the following:

  • 501(c)(3) tax-exempt organization
  • 7871 designation as a non-profit organization chartered under the tribal law of a state   or federally recognized tribe
  • An educational institution described in 170(b)(1)(A)(ii)
  • An instrumentality of a state or federally recognized tribe, designated under 7701(a)(40)

An applicant organization must propose its use of award funds to provide assistance designed to further Native American farming or ranching activities.  Litigation, lobbying or political activities will not be eligible for funding.

The letter-of-intent application must include a description of the applicant organization, demonstrate eligibility through required documentation of a tribal or board resolution, the purpose for which funding is being sought, the applicant organization’s total annual operating budget, total project costs (if applicable), and requested amount.

An advisory committee will review the letters-of-intent applications and issue an invitation to selected organizations for full proposals on July 28, 2016.

The process will be managed under the supervision of class counsel by Echo Hawk Consulting.  Class counsel will make recommendations to the Court, based on input from the Advisory Committee.  The Advisory Committee is comprised of six individuals with experience and expertise in the fields of Native American farming, ranching and philanthropy.All awards are subject to Court approval.  Awards will range in size depending on an organization’s or tribe’s budget, focus and scope.  NAAFTF will consider as well applications from intermediary organizations having existing, relevant grant programs which can be expanded through awards.

Background
On April 20, 2016, the U.S. District Court for the District of Columbia approved a modification to the Keepseagle settlement agreement, which included a process for the distribution of funds to cy pres beneficiaries.  The modification to the settlement also provides for additional damage awards to be paid to prevailing claimants.  The remaining funds, approximately $265 million, will go to a Trust that will distribute funds at the direction of an independent board of trustees for up to 20 years.  NAAFTF is separate from the Trust, and is designed to ensure that a substantial portion of the remaining funds are distributed to qualifying organizations much more quickly than the Trust will be able to begin making grants.

NAAFTF was created to make awards to such organizations already involved in supporting Native American ranchers and farmers before the original Keepseagle settlement was agreed to in 2010.

The Court’s order is open to appeal through June 20, 2016.  If an appeal is filed, the grant process will be suspended until a decision on the appeal is rendered.

# # #

Contact: Crystal Echo Hawk
Echo Hawk Consulting
crystal@echohawkconsulting.com
720.891.9118

About Echo Hawk Consulting

Echo Hawk Consulting offers expert services in philanthropic giving, policy development, issues analysis, executive nonprofit leadership, program design, fundraising, and marketing to tribes, grant makers, businesses, nonprofit organizations and philanthropic individuals focused on strategic growth, social change, and investment in Indian Country. For more information visit: www.echohawkconsulting.com

Save the Date: 15th National Indian Nations Conference

December 8-10, 2016
Pre-Conference Institutes will be held on December 7, 2016

Agua Caliente Band of Cahuilla Indians Reservation Coachella Valley, California

This national conference provides opportunities for tribal, state, and federal participants to share knowledge, experiences, and ideas for developing and improving strategies and programs that serve the unique needs of crime victims in Indian Country. For information on previous conferences see www.OVCINC.org.

Questions:
Tribal Law and Policy Institute
P: 323-650-5467 ~ F: 323-650-8149
Email: Conference@TLPI.org
Conference Website: www.OVCINC.org

Registration Packets will be available in early summer 2016
Call for Presentations available here.

Formal Justice Department Conference Approval Pending.

Call for Presentations: 15th National Indian Nations Conference

The Office for Victims of Crime and the Tribal Law and Policy Institute are extending this invitation to participate as a presenter at the 15th National Indian Nations Conference. Workshop presentations should demonstrate methods and strategies to improve safety, as well as promote justice and healing for crime victims through cooperation, and collaboration between Tribal, Federal, State, local and private entities in American Indian and Alaska Native communities. Target Audience: The target audience is all persons interested in assisting victims of crime in Indian country including:

Indian Country Service Providers (Tribal, State, and Federal):

  • Child Advocates
  • Child Protection Case Workers
  • Social Services
  • Elder Services
  • Victim Advocates
  • Medical Personnel
  • Law Enforcement
  • Judges & Prosecutors
  • Probation/Corrections
  • Substance Abuse Counselors
  • Traditional Healers

Tribal Community Members:

  • Tribal Leaders
  • Victims/Survivors of Crime
  • Tribal Elders & Youth
  • Tribal College Faculty & Students

We welcome presentation ideas for all levels of experience/knowledge. Presenters must demonstrate expertise in working with Native American communities. Selection Criteria for Workshops will include:

  • Relevance to the target audience
  • Fits into conference theme/goals
  • Presenters demonstrate expertise in working with Native American communities.
  • Encourages interdisciplinary coordination and cooperation
  • Highlights promising practices
  • Introduces innovative strategies
  • Honors and supports victims of crime
  • Workshop demonstrates clear connection to crime victimization

Workshops must conform to the Conference Theme “Harnessing Our Collective Wisdom: Strengthening the Circle of Safety, Justice and Healing” and one or more of the Conference Goals (below):

  • Honoring & Listening to Victim/Survivor Voices: Creating victimcentered/
    sensitive responses; being inclusive of victim/survivors particularly those from un‐served or underserved populations, including LGBTQ victims; and promoting peer to peer learning opportunities.
  • Promoting Safety, Justice and Healing: Justice for victims/justice for all; understanding jurisdictional issues; exercising tribal sovereignty to promote safety & justice; highlighting the resiliency of spirituality & healing in tribal communities.
  • Honoring the Wisdom of the Past: Understanding historical trauma; enlisting tribal elders as keepers of our tribal histories; and embracing traditional teachings.
  • Promoting Traditional Values: Promoting traditional values and incorporating traditional skills in crime victim services; upholding wellness, mentally, physically, spiritually and emotionally; and framing victim services around tribal traditions.
  • Ensuring Safety, Justice & Healing for Seven Generations of Children: Addressing child sexual abuse & education on developing programs for victims; emphasis on victims within the juvenile justice system; support for keeping youth within.
  • Working in Harmony: Building partnerships with federal agencies; supporting partnerships between tribes; education on the importance of networking and working together in collaboration to strengthen services; supporting multidisciplinary
    teams; and networking with Native men to address domestic violence & sexual assault.
  • Supporting and Educating Tribal Leaders: Educating and supporting efforts of tribal leaders to achieve accountability and responsibility to victims of crime.
  • Sustaining our Legacy: Developing skills and incorporating cultural approaches to enhance sustainability and measurability; increasing the accuracy of victimization research; and developing capacity within victim services.
  • Healing the Healers: Ensuring safety and support for service providers.

Formal Justice Department Conference Approval Pending.

Questions: Tribal Law and Policy Institute, P: 3236505467 ~ F: 3236508149
Email: Conference@TLPI.org, Website: http://www.OVCINC.org

Mailing address:
Tribal Law and Policy Institute
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046

Berkey Williams LLP Seeks Associate Attorney

Berkey Williams LLP is an Indian law firm based in the San Francisco Bay Area. The firm works exclusively for Indian tribes and tribal organizations on matters such as natural and cultural resource protection, land, water, governance development, health care, ICWA, tribal TANF, and employment. The firm has a distinguished record of championing tribal interests to protect and advance the legal, political, cultural, and economic rights of tribes and nations. Additional information about Berkey Williams LLP can be found at http://www.berkeywilliams.com.

The firm seeks an Associate Attorney with two or more years of experience and the following qualifications:

• Relevant experience in the firm’s practice areas;
• Excellent legal writing and research skills;
• Demonstrated understanding of tribal and federal Indian law and of native communities;
• Demonstrated commitment to working for tribes and tribal organizations;
• Willingness and ability to work on Indian Child Welfare matters for the firm’s clients in California, including occasional overnight travel;
• Superior communication skills; and,
• Licensed and in good standing with the California State Bar (or if licensed in another state, with the expectation that the candidate will promptly become admitted in California).

Native lawyers are encouraged to apply. Compensation package includes competitive salary, flexible work options, and excellent benefits. Applicants should email a cover letter, resume and concise writing sample (10 or fewer pages) to Gloria Coronado at gcoronado@berkeywilliams.com. No phone calls, please.

Congratulations to the 2016 Indian Law & Policy Center Graduates!

We invited graduates and their friends and family on Thursday to a lunch at the College of Law to celebrate their achievements.

Dean Joan Howarth with opening remarks.
Dean Joan Howarth with opening remarks.
Professor Matthew Fletcher presenting the Native graduates with eagle feathers.
Professor Matthew Fletcher presenting the Native graduates with eagle feathers.
Professors Wenona Singel and Matthew Fletcher with 2016 graduates Whitney Gravelle, Elise-McGowan-Cuellar, Samantha Smith, and Lauren Spencer.
Professors Wenona Singel and Matthew Fletcher with 2016 graduates Whitney Gravelle, Elise McGowan-Cuellar, Samantha Smith, and Lauren Spencer.
Amador Cuellar-McGowan
Graduate receiving line featuring Amador Cuellar-McGowan, who has been an asset to Elise and the Center this year.  Thank you!

We also congratulate those Center graduates who weren’t present: Corrinna Bailey, Chantelle Dial, and Michael Hollowell.

Call for 2016 DC Interns for NABA-DC Mentorship and Brownbag Lunch Program

Do you know a student that will be in D.C. to intern or clerk at an organization or firm that works in Indian law and policy? If so, please encourage them to sign up for the NABA-DC Brown Bag Series and Mentorship Program!

 

Interns sign up here: http://goo.gl/forms/EGUKmk6Zte

 

If you are an attorney and would like to sign up as a mentor, click here: http://goo.gl/forms/1c0r6VP8Ld

 

Brownbag Program: Every year, the Native American Bar Association of Washington, D.C. (NABA-DC) organizes events for summer interns working in the field of Indian law and policy. Events include brownbags lunches at government agencies, law firms, and non-profit organizations, as well as happy hours and a summer picnic. The Brownbags are a wonderful opportunity for interns to network with fellow interns and potential employers.

 

If you have any questions about the Brownbag lunch series please contact nabadcbrownbag@gmail.com.

 

Mentorship Program: NABA-DC also coordinates a Mentorship Program each summer to give legal interns working in Indian law a personal networking experience.  Interns are matched with professionals working in Washington D.C., with efforts made to find mentors who are working in the same fields the interns wish to enter, enriching the interns’ educational experience in D.C. and connecting practitioners with the next generation of Native leaders.

 

If you have any questions about the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com.

Bigotry, Calls for Violence, Follow Protest of Tribal Treaty Fishing

Link to article by Charles Tanner Jr. on IREHR’s website here.

First Issue of Indian Gaming Lawyer

Download Vol. 1 No.1 (Spring 2016) here.