“An oil pipeline has leaked about 200,000 liters, or 52,834 gallons, of crude onto an aboriginal community in the oil-rich province of Saskatchewan, Canada.”
Author: Teresa Walrod
More on the Revival of Keystone and DAPL
Navajos Seek $160M for Damages in Gold King Mine Spill
“Navajo Nation Attorney General Ethel Branch said in the release that the spill transformed the river from a “life-giver and protector” to a “threat” to the Navajo people, crops and animals.”
Story is HERE.
Cherokee Nation Files Suit Against United States
From the Press Release:
The Cherokee Nation filed suit against the federal government today, on claims the United States mismanaged the tribe’s trust fund. The suit asks the U.S. government to provide an accurate accounting of the Cherokee Trust Fund, which includes property, land, funds and other resources the government may have mismanaged over decades.
Press Release is HERE
Colorado gold mine is one of the EPA’s new Superfund pollution sites
Muscogee (Creek) Reservation Boundaries at Issue in Tenth Circuit Death Penalty Habeas Appeal
A member of the Muscogee (Creek) Nation has challenged his death penalty conviction by the State of Oklahoma on grounds that the state lacked jurisdiction because the alleged crime occurred within the boundaries of the Muscogee (Creek) Nation’s historic reservation. A federal district court denied the petition, finding that the reservation had been disestablished. The Muscogee (Creek) Nation and the Seminole Nation of Oklahoma filed an amicus brief in the Tenth Circuit, arguing that under the Supreme Court’s recent decision in Nebraska v. Parker, the Creek reservation’s boundaries remain intact.
Cert Opposition in Kelsey v. Pope
QUESTIONS PRESENTED
1. Whether the Court of Appeals erred in holding, in the first federal
or state appellate decision to directly consider the question, that an Indian
tribe has not been divested of its inherent authority to prosecute a tribal
member for an offense occurring outside of its Indian country when
necessary to protect tribal self-government or to control internal relations.
2. Whether the Court of Appeals erred in holding that established fair
notice principles are not violated by a tribal court’s decision that tribal law
allows for the exercise of jurisdiction over a tribal member, when tribal and
state law clearly proscribed the conduct at issue and multiple provisions of
the tribe’s constitution and laws provided for the exercise of such
jurisdiction.
16-5120 Respondent’s Brief in Opposition
Cert Petition HERE.
Prior posts on Kelsey v. Pope, including lower court materials, HERE.
Chief David Bald Eagle Walks On
He danced with Marilyn Monroe. He drove race cars. He parachuted into enemy gunfire at Normandy. He played professional baseball. He was a leader not just of his tribe, but of the United Native Nations. He was an advocate for Native people.
HERE.
Gun Lake Tribe and state to split $21.7M in disputed revenue sharing
From mLive.com:
The Gun Lake Tribe of Pottawatomi Indians and the state of Michigan have agreed to split $21.7 million as a “partial settlement” of a dispute over the Michigan Lottery’s creation of online ticket sales and lottery terminals in social clubs.
Cert Petition in Kelsey v. Pope
Cert Petition regarding the question of the Little River Band’s criminal jurisdiction over off-reservation crimes affecting core tribal government interests.
Questions presented:
1. Whether Indian tribes can prosecute their members for acts that occur outside the tribe’s territory absent Congressional authorization; and
2. Whether the Band’s retroactive expansion of a narrow and precise jurisdictional statute to encompass an extraterritorial act previously outside its plain terms violates the due process protections of the Indian Civil Rights Act, 25 U.S.C. § 1302(a), and Bouie v. City of Columbia, 378 U.S. 647 (1964).
No. 16-5120 Kelsey Cert Petition
Prior posts on Kelsey v. Pope, including lower court decisions, are here.
Turtle Talk 
You must be logged in to post a comment.