Author: Matthew L.M. Fletcher

Two Michigan Tribal Citizens Selected for State of Michigan’s First Environmental Justice Advisory Council [Bryan Newland and John Petoskey]

Matthew L.M. Fletcher

Here:

FOR IMMEDIATE RELEASE   
January 23, 2020   
Gov Contact: BrownT56@michigan.gov   
EGLE Contact: Greenbergj@michigan.gov 

Twenty-one Michiganders Selected for the State’s First Environmental Justice Advisory Council 

 LANSING, Mich. – Twenty-one Michiganders have been selected to the state’s first Michigan Advisory Council for Environmental Justice (MAC EJ) under the direction of Governor Gretchen Whitmer, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced today. 

 “Since taking office, I’ve been deliberate and focused on protecting our Great Lakes, cleaning up our drinking water, and combating the real-life impacts of climate change,” said Whitmer. “To address ongoing environmental justice issues, it was absolutely critical that those impacted daily have a seat at the table. We must ensure that the implementation and enforcement of environmental protections, regulations, and policies in Michigan will be fair and meaningful to all Michiganders, regardless of geography, race, color, origin, or income. Actions like these will help to further rebuild trust in our state government.” 

The Interagency Environmental Justice Response Team is led by Regina Strong, the state’s Environmental Justice Public Advocate. The MAC EJ will provide public and impacted community input for the directors appointed to the Response Team. The Response Team is also planning regional roundtables around the state to ensure that as many people as possible are at the table on environmental issues.

“Meeting people where they are is vital to our commitment to making Michigan a leader in environmental justice,” said EGLE Director Liesl Clark. “Creating the Michigan Advisory Council on Environmental Justice is an important step in building the framework to ensure all Michiganders benefit equitably from our environmental laws and regulations. Through both the Office of Environmental Justice Public Advocate and the Interagency Environmental Justice Response Team, we are working to address inequities that impact communities across this state. The creation of this advisory council will play an important role in helping us achieve that goal.” 

The following individuals have been appointed to the Michigan Advisory Council on Environmental Justice:   

[moving them to the front]

Bryan Newland, of Brimley, is an active member of the Bay Mills Indian Community and the president and chairman of the Executive Council. Mr. Newland is an attorney with Fletcher Law and he earned his Juris Doctor degree from the Michigan State University College of Law.  

John Petoskey, of Northport, is a member of the Grand Traverse Band of Ottawa and Chippewa Indians. Mr. Petoskey is currently pursuing his Juris Doctor degree and Master of Science in Environmental Justice and Policy at the University of Michigan. 

Brackeen v. Bernhardt En Banc Oral Argument Audio

Matthew L.M. Fletcher

Here.

Briefs here.

Gregory Ablavsky on the Presentment Clause and Tomorrow’s Argument in Brackeen

Matthew L.M. Fletcher

Here is “Brackeen, the Indian Child Welfare Act, and the Presentment Clause: A Very Pink Herring” on SLS blogs.

An excerpt:

If the Presentment Clause bars Congress from honoring the divergent policy judgments of other sovereigns, then federalism is in trouble. After all, as the briefs stress and the Supreme Court has explicitly endorsed, Congress has expressly adopted state law as federal law in the Assimilative Crimes Act and the Federal Tort Claims Act. It has expressly authorized states to create wage and hour standards higher than the federal government in the Federal Labor Standards Act. It has allowed states to establish different water and air quality standards from the federal government upon EPA approval, a power that the Court has repeatedly ruled on without saying boo.

Cherokee Nation Trust Breach Suit Survives Federal Motion to Dismiss

Matthew L.M. Fletcher

Here are the materials in Cherokee Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

34-1 MTD

39-cherokee-opposition-to-mtd.pdf

41-reply.pdf

42-denial-of-the-us-mtd.pdf

NYTs: “Rural Montana Had Already Lost Too Many Native Women. Then Selena Disappeared.”

Matthew L.M. Fletcher

Here.

Wisconsin Law Dean Search Announcement

Matthew L.M. Fletcher

Here.

As TT readers know, Wisconsin has a robust Indian law program.

 

Fletcher Review of John Borrows “Law’s Indigenous Ethics” in Transmotion Journal

Matthew L.M. Fletcher

Here:

Other selected articles, here:

REVIEWS

REFLECTIONS

CREATIVE

Task Force Report Recommending Broad Changes to Maine Indian Claims Settlement Act

Matthew L.M. Fletcher

Here is the report:

indianclaimstffinalreport.pdf

News coverage here.

New Mexico COA Adopts Federal Test of “Indian” Status for Purposes of Criminal Jurisdiction

Matthew L.M. Fletcher

Here is the opinion in State v. Salazar:

state-v-salazar.pdf

Minnesota SCT Confirms Authority of Tribal Police to Detain and Expel Non-Indians from Rez

Matthew L.M. Fletcher

Here is the opinion in State v. Thompson:

state-v.-thompson.pdf

The court’s syllabus:

When, on the Red Lake Reservation, a non-Indian violates a Minnesota law under circumstances where the non-Indian is subject to the State of Minnesota’s criminal jurisdiction, Red Lake Band police officers are authorized to detain and expel the non-Indian from the Reservation.