Author: Matt Campbell

NMLA staff attorney position available at Native American Program in Santa Ana – deadline August 14

Matthew Campbell

From New Mexico Legal Aid and the State Bar of New Mexico:

Chris Vigil will leave the Native American Program at New Mexico Legal Aid next month to accept a position working on water rights adjudications with the New Mexico Administrative Office of the Courts. It’s a great opportunity for Chris, but a loss for NMLA. We very much appreciate the great work Chris has done for our clients, and we wish him much success in his new position.

Chris’s decision means that NMLA is now seeking a staff attorney to join the Native American Program in Santa Ana. The NAP staff attorney will handle cases and matters involving federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal and Pueblo courts.  In addition, the staff attorney may be required to handle poverty law issues involving consumer and family law issues in forums other than tribal court and to conduct outreach in tribal and Pueblo communities.  The attorney will also be active in relevant bar and community activities.

The Native American Program does creative, challenging and complex work in a context of rich cultures and diverse client communities. We are looking for highly motivated candidates who are passionate and strongly committed to helping NMLA better serve our Native American communities, including development of effective team strategies to handle complex advocacy and extended representation cases.

Requirements:  Experience with Native American legal issues and communities, especially New Mexico tribal and Pueblo communities, will be highly preferred. At least two years’ experience in handling criminal defense cases, especially those arising in tribal or Pueblo courts, will be highly preferred. Must be willing to travel. Candidates must possess excellent written and oral communication skills, the ability to manage multiple tasks, and ability to manage a significant caseload and build collaborative relationships within the staff and the community.  Proficiency in relevant Native American languages is a plus.

Send a current resume and a letter of interest explaining what you would like to accomplish if you are selected for this position to:  jobs@nmlegalaid.org

Salary:  DOE, NMLA is an EEO Employer.

Deadline:  August 14, 2015.

Save the Date: Apply to Clerk at NARF by September 25, 2015

Matthew Campbell

Founded in 1970, the Native American Rights Fund (“NARF”) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations, and individuals nationwide. NARF’s practice is concentrated in five key areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues.

Summer Clerkships
NARF is currently seeking candidates for its Summer 2016 Clerkships! Each year, NARF conducts a nation-wide search for law students to participate in its Law Clerk Program. Positions are available in all three of NARF’s offices: Anchorage, AK; Boulder, CO; and Washington, D.C.

Here is the advertisement. The deadline to apply is September 25, 2015.

Save the Date: Apply to Clerk at NARF by September 29, 2014

Matthew Campbell

Founded in 1970, the Native American Rights Fund (NARF) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations, and individuals nationwide. NARF’s practice is concentrated in five key areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues.
Summer Clerkships
NARF is currently seeking candidates for its Summer 2015 Clerkships! Each year, NARF conducts a nation-wide search for law students to participate in its Law Clerk Program. Positions are available in all three of NARF’s offices: Anchorage, AK; Boulder, CO; and Washington, D.C.

Here is the advertisement.

Reminder – Apply to Clerk at NARF by November 1

Matthew Campbell

NARF is currently seeking candidates for its Summer 2014 Clerkships. Each year, NARF conducts a nation-wide search for law students to participate in its Law Clerk Program. Positions are available in all three of NARF’s offices: Anchorage, AK; Boulder, CO; and Washington, D.C.  The deadline to apply is November 1, 2013.  See the flyer with the qualifications and requirements here.

Uranium Companies and Others Challenge Secretarial Withdrawal of Lands Around Grand Canyon on Establishment Grounds

Matthew Campbell4 Comments

In January of 2012, Secretary Salazar announced that he was withdrawing lands near the Grand Canyon.  Specifically, the withdrawal prohibits new mining claims and development on old claims that lack “valid existing rights.”

Recently, uranium companies and others have challenged the withdrawal.  A portion of Yount’s Second Amended Complaint:

SIXTH CLAIM
The Secretary of the Interior’s rationale for a withdrawal as stated in his Record of Decision is substantially based on granting an unconstitutional preference for the religious belief of Native Americans proximate to the NAPWA. By deferring to Native American religious and cultural beliefs this appears to convey a message of government endorsement of their religious beliefs contrary to established law.

A portion of Quaterra Alaska, Inc.’s Amended Complaint:

Federal law does not recognize the right to preclude land uses
based solely on religious or cultural sensibilities. Sensibilities or feelings that are separate from a site protected under the NHPA or religious practice protected by RLUIPA and enjoy no legal protection. A withdrawal based on protecting sensibilities independent of legally protected sites and religious practices is arbitrary and capricious and contrary to
law. It is based on irrelevant factors not recognized in law and exceeds the Secretary’s authority.

Havasupai prevails in WIPO Arbitration regarding the Havasupaitribe.com website.

Matthew Campbell

The arbitration decision can be found here.  The Respondent has filed a complaint in federal court to stay the arbitration decision, which we will try to obtain.  A snippet of the arbitration decision:

The Complainant is an Indian Tribe (termed a “Native Sovereign Nation” in more recent governmental documents) that is recognized by the Federal Government of the United States of America. The Complainant occupies a tribal reservation in and around the Grand Canyon of the Colorado River in the State of Arizona. It is undisputed that the Complainant is a legal entity that is competent, among other things, to engage in commerce and to own and use trademarks in commerce.

Since the 1950s, tourism has been the Complainant’s principal economic activity, commercialized through tribally owned enterprises. Despite the fact that there are no roads leading to the portion of the tribal reservation where world-famous waterfalls are located, some 20,000 tourists arrive annually on foot or on horseback, or by helicopter. The Complainant’s “Havasupai Tourism Enterprise” provides tourism services such as food, lodging, and guided horseback excursions and operates the “Havasupai Lodge”, the “Havasupai Tribal Café”, the “Havasupai Trading Post”, and campgrounds. The Complainant’s official website is found at “www.havasupai-nsn.gov”. . . .

The Respondent has since used the Domain Name for commercial gain, for paid advertising relating to Grand Canyon tours and lodging and other services, some of which compete with those offered by the Complainant. The Respondent has fostered a likelihood of confusion with the Complainant’s marks, by using the same Domain Name incorporating those marks that was formerly used by the Complainant itself, misleadingly displaying the Complainant’s name on the associated website and the Complainant’s contact information on the “Contact” page of that website, and providing no identification of the Respondent or disclaimer of affiliation with the Complainant. The Panel concludes that these facts fit the paradigm of bad faith described in the Policy, paragraph 4(b)(iv), as an attempt to mislead Internet users for commercial gain.

Havasupai Tribe, Conservation Groups Challenge Uranium Mine Threatening Grand Canyon

Matthew Campbell1 Comment

The complaint can be seen here.  The Center for Biological Diversity’s News Release can be seen here.

A snippet of the complaint:

After initial approval of the Canyon Mine, the Forest Service formally designated Red Butte and surrounding areas as a Traditional Cultural Property. This designation means Red Butte is eligible for inclusion in the National Register of Historic Places and meets the definition of a “historic property” under the National Historic Preservation Act (NHPA). The Forest Service also recognized that Red Butte is a sacred site to the Havasupai Tribe. The Forest Service’s 1986 approvals did not analyze the Canyon Mine’s potential effects to Red Butte as a historic property under the NHPA. The Forest Service recently commenced consultation with the Havasupai Tribe concerning the Canyon Mine’s impacts to Red Butte, and claims that it intends to continue consultation. The Forest Service is refusing to undertake and complete a NHPA Section 106 Process relating to adverse impacts to the Red Butte TCP, including consulting with the Tribe for the purposes of developing a Memorandum of Agreement, prior to allowing Canyon Mine to restart mining operations, as required under NHPA and its regulations, 16 U.S.C. § 470f, 36 C.F.R § 800.13(b)(1).

The Alabama-Coushatta Tribe of Texas is hosting its Third Judicial Symposium on April 25, 2013

Matthew Campbell

The Agenda is attached.  The focus of the Symposium is on strengthening and healing children, families, and the community through tribal-state collaboration.  There is no fee for this event.

Like a beautiful Alabama-Coushatta basket,

All things are woven together like a story, with love and prayers.

We are but one strand, but together we are the intricate weave of all generations.

Whatever we do to others, we do to ourselves.

Traditional wisdom, along with tears, laughter and peace, fill the basket;

Connecting all generations in the spirit of respect and unity.

 

~ Sr. Peacemaker, OtheldaJean Williams ~ 2013

The Denver Indian Center, Inc. is Celebrating Thirty Years of Service and Culture

Matthew Campbell

There will be a reception and dinner at the Denver Art Museum on Friday, March 1, 2013, to celebrate the Denver Indian Center. Tickets to the dinner can be purchased here.

Information about the event, which will feature a performance by Shelley Morningsong and the 1491s,  and the Denver Indian Center can be found here.

The Denver Indian Center, Inc. serves a diverse group of tribes, the majority of which represent the Southwest and the Northern and Southern Plains. Most come seeking economic stability, education and security for their families. The Center continues to be a highly sought after location for the community to gather for powwows and various other activities held at the facility throughout the year.

First Nations protests over Canadian Bill C-45

Matthew Campbell

Articles can be found here, here, and here, among other places.

A snippet of one of the articles here:

Approximately 200 people braved the cold to attend a Bill C-45 Prayer Gathering in front of the Saskatchewan Legislature on Sunday. The event was part of a growing opposition from First Nations communities against the second federal omnibus budget implementation bill.

The far-reaching bill includes changes to the Indian Act, the Navigable Waters Protection Act and the Fisheries Act, among others.

According to many First Nations groups these changes will have a drastic and negative affect on their communities and were proposed without proper consultation.

“We hope that Canadian society and the Saskatchewan public will stand with us and not let this happen,” said Chief Barry Kennedy of Carry the Kettle First Nation.