Great Plains Tribal Chairmen’s Assn. Letter re: Civil Rights Violations against DAPL Protesters

Here:

9816-gptca-lettertousag

National Indian Law Library Bulletin (9/9/2016)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/9/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity; Fair and Accurate Transaction Act)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Dakota Access Pipeline; Injunctions)
Stand Up for California! v. U.S. Department of the Interior (Land Into Trust; Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Estate of Colombe (Comity; Probate)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature articles on the latest developments relating to the Dakota Access Pipeline project. In the Recognition & Enrollment section, we feature an article about the U.S. House committee scheduled markup on a federal recognition bill.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
President Nixon’s Indian law legacy: a counterstory.
Principles of International law that support claims of Indian tribes to water resources.
Crime and governance in Indian Country.
Recentering tribal criminal jurisdiction.
Tribal sovereignty, tribal court legitimacy, and public defense.
The double-edged sword of sovereignty by the barrel: how Native nations can wield environmental justice in the fight against the harms of fracking.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of Health and Human Services, Administration for Children and Families, announces tribal consultation meetings regarding the Improving Head Start for School Readiness Act of 2007.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Two new bills were added:
S.3293: A bill to require the Secretary of the Interior to transfer to the Shoshone-Paiute Tribes of the Duck Valley Reservation investment income held in certain funds.
S.3300: A bill to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.

D.C. Circuit Holds SBA Section 8(a) Does Not Create Racial Classification

Here is the opinion in Rothe v. Dept. of Defense.

Feds Deny Approval of Construction of the DAPL on Lands that Border Lake Oahe [corrected headline]

Here is the United States’ press release:

JOINT STATEMENT FROM THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT OF THE INTERIOR REGARDING STANDING ROCK SIOUX TRIBE V. U.S. ARMY CORPS OF ENGINEERS

WASHINGTON – The Department of Justice, the Department of the Army and the Department of the Interior issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:

“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act.  However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain.  Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.

“The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws.  Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time.  The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution.  In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.  Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions:  (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

“Finally, we fully support the rights of all Americans to assemble and speak freely.  We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence.  Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities.  The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.

“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites.  It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”

 

Standing Rock’s Request for an Injunction Denied

Here:

memorandum-opinion-09_09_2016

Atlantic: “The Legal Case for Blocking the Dakota Access Pipeline”

Here.

Subtitled: “Did the U.S. government help destroy a major Sioux archeological site?”

An excerot:

“These are valid claims and, as alleged, they are strong claims,” says Sarah Krakoff, a professor of environmental resource and Indian law at the University of Colorado Boulder. “These [federal provisions] are intended to slow this process down, so that they can make sure the right environmental decision is being made.”

She added, “the Clean Water Act has substantive provisions that prefer good environmental outcomes to bad. And the proximity of this pipeline to their main water source does make their legal case stronger than some I’ve seen.”

Cheyenne River Sioux Tribe Intervenor Complaint in DAPL Suit

Here is the complaint in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

37-crst-complaint

final-revised-treaty-complaint-press-release-2016-09-08

Seventh Circuit Holds Fair and Accurate Credit Transaction Act Does Not Abrogate Tribal Immunity

Here is the opinion in Meyers v. Oneida Indian Tribe of Wisconsin:

ca7-opinion

Briefs here.

Yankton Sioux Tribe Sues US Army Corps over DAPL

Here is the complaint in Yankton Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

16-09-08-complaint

16-09-08-press-release-re-complaint

Colorado Law School AILP Coordinating Legal Resources for DAPL Protesters

Here:

standing-rock-ailp-flyer