Author: Matthew L.M. Fletcher – Page 469

Ninth Circuit Rejects RFRA Challenge to Solar Project Near Indian Sacred Sites

May 22, 2015May 21, 2015Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Dept. of Interior.

An excerpt:

We conclude that the record, which includes declarations submitted by the Plaintiffs that provide little more than conclusory statements and which have not shown where the alleged sacred sites are located at the Ivanpah Project site, is insufficient to support Plaintiffs’ claim that the loss of access to the limited area taken by the Ivanpah Project imposes a substantial burden. Viewing the evidence in the light most favorable to the Plaintiffs, the Plaintiffs have not shown that they are either “forced to choose between following the tenets of their religion and receiving a governmental benefit,” or “coerced to act contrary to their religious beliefs by the threat of civil or criminal sanctions” as this court requires to establish a substantial burden under RFRA.

Briefs and lower court materials are here.

Federal Court Affirms Immunity of Lac Vieux Desert Band’s Sovereign Lending Solutions (and Employee)

May 21, 2015Matthew L.M. Fletcher2 Comments

Here is the opinion in Bynon v. Mansfield (E.D. Pa.):

16-1 Motion to Dismiss

We posted the complaint here.

Navajo Nation Department of Justice Job Posting

May 21, 2015Matthew L.M. Fletcher

ATTORNEY POSITION

LITIGATION AND EMPLOYMENT UNIT

NAVAJO NATION DEPARTMENT OF JUSTICE

REISSUANCE May 20, 2015

The Navajo Nation Department of Justice is seeking an energetic and motivated attorney to work in the newly formed Litigation and Employment Unit. The qualified applicant will focus on litigation for the Navajo Nation government before federal, Navajo Nation, and state courts and administrative tribunals in a variety of subject areas, including natural resources, public safety, and jurisdictional issues, with some work with Navajo Nation government programs advising and representing programs on labor and employment matters.

Current active state bar licensure in any state is required, with the expectation that within a year of hire, the applicant will obtain licensure in the Navajo Nation as well as one of the following states: Arizona, New Mexico or Utah.

The Navajo Nation Department of Justice gives employment preference as mandated by the Navajo Preference in Employment Act, 15 N.N.C. § 601, et seq.

Please direct applicant packets consisting of (1) Letter of Interest with current address, telephone numbers, and e-mail address; (2) Navajo Nation employment application; (3) resume; (4) recent legal writing sample; (5) copy of bar membership certificates; and (6) law school graduation documents to Navajo Nation Department of Justice, Attention: Paul Spruhan, Assistant Attorney General, Litigation and Employment Unit, P.O. Box 2010, Window Rock, AZ 86515. Any questions, please contact Paul Spruhan at pspruhan@nndoj.org.

Federal Court Affirms Oklahoma School’s Refusal to Allow Native High School Graduate to Wear Eagle Feather on Graduation Cap

May 21, 2015Matthew L.M. Fletcher1 Comment

Here is the order in Griffith v. Caney Valley Public Schools (N.D. Okla.):

22. Order and Opinion (5-20-15)

Prior materials here.

Federal Court Denies Motion for Preliminary Injunction to Stop Jamul Indian Village Casino Project

May 21, 2015Matthew L.M. Fletcher1 Comment

Here is the order in the case now captioned Jamul Action Committee v. Chaudhuri (E.D. Cal.):

93 DCT Order Denying Injunction

Pleadings and prior orders here.

Mesa Grande Band Land Claim against US Survives Motion to Dismiss

May 21, 2015Matthew L.M. Fletcher

Here are the materials in Mesa Grande Band of Mission Indians v. United States (Fed. Cl.):

7 US Motion to Dismiss

10 Mesa Grande Band Response

11 US Reply

19 DCT Order

An excerpt:

This case concerns property located in the mountains of northeastern San Diego County, California, and turns on events dating back to 1875. The property at issue is an 80-acre tract (the “1926 Tract”) that has had a small spring providing a source of water in an arid area. See Pl.’s Mem. in Opp’n to the United States’ Mot. to Dismiss for Lack of Jurisdiction (“Pl.’s Opp’n”) at 1, ECF No. 10. Tracing title back to a congressional enactment in 1926, the Act of May 10, 1926, Pub. L. No. 69-209, 44 Stat. 496 (1926) (“1926 Act”), plaintiff, the Mesa Grande Band of Mission Indians (“Mesa Grande Band”), claims entitlement to ownership of the subject property. On July 30, 1980, however, a patent for the 1926 Tract was issued by the Department of the Interior to the United States in trust for the Santa Ysabel Band of Mission Indians (“Santa Ysabel Band”), a neighboring band. The Mesa Grande Band did not contemporaneously receive notice of the patent’s issuance.

Dollar General Response Brief to SG’s Invitation Brief

May 21, 2015Matthew L.M. Fletcher

Here:

13-1496 Petr Supp Brief

SG Invitation brief here.

Cert stage briefs here.

Update on Restatement of the Law of American Indians

May 21, 2015Matthew L.M. Fletcher1 Comment

From the American Law Institute:

Matthew Fletcher Presents Indian Law Restatement

Matthew Fletcher, Reporter on the Restatement of the Law, The Law of American Indians, and Professor of Law at Michigan State University College of Law, recently presented on the Restatement and why it matters to everyday practitioners, at the Spokane County Bar Association’s Sixth Annual Indian Law Conference. The first chapter of the Restatement was presented to the membership for approval on May 19. Sections one through nine of the Restatement were approved. The sections include topics focusing on Indian tribes, federal-tribal relationship, American-Indian Treaty Law, federal legislation, and breach of trust claims.