Author: Matthew L.M. Fletcher

Earthjustice’s Northern Rockies Office Seeks Associate Attorney and Summer Law Clerks

Matthew L.M. Fletcher

Earthjustice’s Northern Rockies Office Seeks Associate Attorney and Summer Law Clerks

Earthjustice’s Northern Rockies Office in Bozeman, Montana, is currently accepting applications for an associate attorney to begin no later than Fall 2016, and law clerks for Summer 2016.

Earthjustice is the nation’s premier nonprofit environmental law organization, with eleven regional offices across the country.  In the Northern Rockies, we are engaged in litigation focused on protecting and preserving the iconic wildlife species and wild lands of this incomparable region and combating coal mining, coal-fired power, and natural gas development that threatens public health and drives climate change.  In recent years, our work has increasingly touched on Native American interests and issues of Indian law, including work to restore wild bison to tribal lands; to oppose oil and gas exploration on public national forest lands of extreme cultural and spiritual importance to the Blackfeet people; and to halt a state proposal to open a massive new coal mine on lands significant to the Northern Cheyenne in southeast Montana.  We regularly litigate federal and state court cases in an effort to defeat the major threats to the ecological integrity of the Northern Rockies region.

More information about our work is available here.

Information about the associate attorney and summer law clerk positions and application requirements is available here.

Civil Rights Suit against Nisqually Jail Officials Dismissed for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Hardie v. Nisqually Corrections Superintendent (W.D. Wash.):

18 Nisqually Motion to Dismiss

22 Magistrate R&R

25 DCT Order

Montana Legal Services Association Litigation Director and Indian Law Staff Attorney Posting

Matthew L.M. Fletcher

Here.

Eleventh Circuit Briefs in Longo v. Seminole Indian Casino-Immolakee (Title VII Claim)

Matthew L.M. Fletcher1 Comment

Here:

Longo Brief

Seminole Brief

Longo Reply

Lower court materials here.

Individual Native Hawaiian Complaint against Hawaii re: Telescope Plans on Mauna Kea

Matthew L.M. Fletcher

Here is the complaint in Amsterdam v. State of Hawai’i (D. Haw.):

1 Complaint

Eleventh Circuit Holds Florida’s Rental Tax is Preempted by Federal Indian Law, but Not Utility Tax

Matthew L.M. Fletcher3 Comments

Here is the opinion in Seminole Tribe of Florida v. Stranburg. An excerpt:

Benjamin Franklin said, “[I]n this world nothing can be said to be certain, except death and taxes.” He was almost right. As this case illustrates, even taxes are not certain when it comes to matters affecting Indian tribes. In this appeal, we consider whether Florida’s Rental Tax and Florida’s Utility Tax, as applied to matters occurring on Seminole Tribe lands, violate the tenets of federal Indian law. For the reasons that follow, we find that the Utility Tax as it involves activities on Tribe land does not, but the Rental Tax does.

Briefs here.

Pueblo of Pojoaque Job Posting

Matthew L.M. Fletcher

Pueblo of Pojoaque

General Counsel – Governmental Affairs

The Pueblo of Pojoaque is accepting applications for a General Counsel to provide a full range of legal services requiring substantial knowledge and understanding of the Pueblo and its businesses, and a firm understanding of Indian law and tribal-federal-state relationships.

Under the direct supervision of the Chief General Counsel, primary practice areas include:  environmental, water and land use; water rights adjudication and acequia water rights and uses; and infrastructure development and land management.

JD and state bar licensure required. Must be capable of being admitted to the Pueblo of Pojoaque Tribal Court.

Below you will find a Vacancy Announcement.  Resumes should be sent to scochran@puebloofpojoaque.org and to sofstehage@puebloofpojoaque.org.  The position will remain open until filled.

Pueblo of Pojoaque Job Vacancy Announcement

Ninth Circuit Dismisses Appeal of Fake Indians and Fake Indian Court

Matthew L.M. Fletcher1 Comment

Here are the materials in Koniag Inc v. Kanam:

Unpublished CA9 Memorandum

3 Order to Show Cause

5 Kanam Response

6 Koniag Response

8 Order Setting Briefing Schedule

9-1 Koniag Motion for Reconsideration

10 Kanam Opening “Breif”

13 Order Denying Motion

19-1 Koniag Answer Brief

26-1 Kanam Reply

Lower court materials here, here, here, and here.

False Claims Act Suit against Afognak Native Corporation and Alutiiq LLC

Matthew L.M. Fletcher2 Comments

Here is the complaint in United States ex rel. Ferris v. Afognak Native Corp. (D. Alaska):

1 Complaint

Awful strange, in that the complaint heading lists the Northern District of Alabama as the court, is supposedly filed under seal (but here it is), and the header on each page refers to the document as attorney-client privileged (but again, here it is).