Otoe-Missouria Tribal Chairman Brings Civil Rights Action against Connecticut Dept. of Banking

Here is the complaint in Shotton v. Pitkin (W.D. Okla.):

1 Complaint

An excerpt:

Plaintiff brings this action as a result of unlawful enforcement actions taken by Defendants against Plaintiff and Defendants’ entry of a state administrative order imposing a civil penalty of $700,000 against Plaintiff in his individual capacity and unlawfully restraining his conduct without due process of law and in violation of his individual right to immunity as a tribal official.

Our post on a related suit in Connecticut Superior Court action is here.

Wisconsin COA Affirms Immunity of Tribal Enterprise from Employment Claim

Here is the unpublished opinion in Harris v. Lake of the Torches Resort & Casino (Wis. App.):

2015.03.10 – Court of Appeals Opinion – Harris Appeal II

Briefs are here.

Diné CARE Prevails in NEPA Challenge to Navajo Mine Expansion

Here are the materials in  Diné Citizens against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement (D. Colo.):

48 Diné CARE Opening Brief

53 OSMRE Response

54 BHP Navajo Response

55 Diné CARE Reply

79 DCT Order

News coverage here.

Posts on prior motion to dismiss and motion to intervene.

Northern Arapaho Tribe’s Challenge to ACA Regs Rejected

Here are the materials in Northern Arapaho Tribe v. HHS (D. Wyo.):

9 NAT Motion for PI

13 HHS Opposition

21 DCT Order Denying PI

An excerpt:

This case asks whether the Northern Arapaho Tribe (the “Tribe”), a federally-recognized Indian tribe, should be exempted from the “large employer mandate” of the Patient Protection and Affordable Care Act of 2010 (the “ACA”). The large employer mandate is found at 26 U.S.C. § 4980H and, in short, requires a large employer to sponsor a health insurance plan meeting certain minimum requirements for its full-time employees or face an “assessable payment” if it fails to do so. As relevant to this case, § 4980H(c)(2) defines a “large employer” as employing an average of at least 50 full-time employees on business days.

The Tribe operates several different economic enterprises on the Wind River Indian Reservation in Wyoming, including a casino, a convenience store, a gas station, a grocery store, and other businesses. The Tribe employs over 900 people in its economic enterprises and governmental agencies. (Conrad Decl. 2, 4.) Nonetheless, the Tribe argues it should not be subject to the large employer mandate.

After the ACA was passed, the Tribe discovered its employees could buy health insurance plans on the federal health insurance exchange that offered superior coverage at a lower price than any other plan previously available in the insurance market. The Tribe encouraged and assisted its members in purchasing individual health insurance plans through the federal exchange, including paying up to 80% of the premiums for its tribal members.

As of January 1, 2015, the ACA’s large employer mandate became effective. The Tribe alleges the health insurance plan it would offer as a large employer would be more expensive for its employees and offer less coverage than the individual plans available on the federal exchange. The Tribe believes the individual health insurance plans purchased through the federal exchange are superior to any employer-sponsored insurance plan it could provide under the large employer mandate, primarily because most of the Tribe’s members qualify for income-based tax credits and cost-sharing exemptions under the individual plans that are unavailable within an employer sponsored plan.

News coverage here, via Pechanga.

“Sliver of a Full Moon” at Yale

Here:

sliverofafullmoon.FINAL.FINAL.Yale.Law.School

Here are the details:

Sliver of a Full Moon

Tuesday, March 31, 2015

Doors open at 6:00pm, performance starts at 6:30pm Continue reading

Motions to Dismiss Challenge to Quinault Jurisdiction over Lake Quinault

Here are the materials in North Quinault Properties LLC v. Quinault Indian Nation Complaint (W.D. Wash.):

13 Washington Motion to Dismiss

14 Quinault Motion to Dismiss

15 Opposition to Tribe Motion

16 Opposition to State Motion

17 Quinault Reply

18 State Reply

We posted the complaint here.

Kansas Sues NIGC over Quapaw Indian Lands Opinion

Here is the complaint in State of Kansas v. National Indian Gaming Commission (D. Kan.):

1 Complaint

An excerpt:

In this action, the Plaintiffs challenge and seek relief from the November 21, 2014 determination of National Indian Gaming Commission (NIGC) officials that a 124 acre strip of land in Kansas acquired by the Quapaw Tribe of Indians of Oklahoma (Quapaw or the Tribe) and put into trust by the Bureau of Indian Affairs for non-gaming purposes qualifies for gaming under the “last recognized reservation exception” to the Indian Gaming Regulatory Act’s (IGRA) general prohibition on gaming on land acquired after October 17, 1988. See 25 U.S.C. § 2719(a)(2)(B); 25 C.F.R. § 292.4(b)(2).

Plaintiffs are aggrieved by the November 21, 2014 determination because the strip of land was taken into trust by the Department of Interior for non-gaming purposes and because the NIGC incorrectly applied 25 U.S.C. § 2719(b)(2)(B), thereby depriving the State of Kansas of the governor’s statutory right to concur in and to veto gaming on lands acquired after October 17, 1988, pursuant to 25 U.S.C. § 2719(b)(1)(A)

SCOTUS Denies Cert in Yakama Indian Nation v. McKenna

Here is today’s order list.

The cert petition is here.

Osley Bird Saunooke Jr. Walked On

Obituary:

Osley Bird Saunooke Jr. 71, died March 2, 2015 with his loving bride of 50 years sitting by his side.

Osley, affectionately known by his friends as “Butch”, was born in Jacksonville, Fla. on April 6, 1943. He was the son of the Chief of the Eastern Band of Cherokee Indians.  His mother was the first woman member of the Eastern Band of Cherokee Indians Tribal Council.   From them, he learned how to build and serve his Native American family.  Butch grew up in western North Carolina on the Eastern Cherokee reservation where he attended and graduated from Swain County High School.  An all-around athlete, Butch was a standout in every sport which ultimately led him to attend Brigham Young University where he was a place kicker for the BYU football team.

Butch served in the United States Navy and was honorably discharged shortly after the untimely death of his father Chief Saunooke.  Shortly thereafter, he traveled west to Provo where he attended BYU under a scholarship from the American Indian program.  While at BYU, Butch met the love of his life – an Australian beauty named Elizabeth Anne Hodson.   They married in 1964 and began a wonderful life together which resulted in six children, 24 grandchildren, and three great grandchildren.  A member of the Church of Jesus Christ of Latter Day Saints (“LDS”), Butch served in every capacity within the church as Home Teacher, President, Bishop, Teacher and Temple Worker.

Butch attended the University of New Mexico School of Law graduating in two years.  He moved his family to Florida becoming the first director of the newly created United Southern and Eastern Tribes in Sarasota, Fla..  He continued in that position assisting tribes throughout the southeast including the Seminole, Miccosukee, Cherokee, Poarch Creek and Mississippi Choctaw.  His efforts led to new economic development that helped pull the Tribes out of poverty and into self-determination and their own economic success.  Butch began planting seeds of financial independence that spread throughout Indian Country resulting in the successful casino, manufacturing plants, agro business and energy resources now a permanent fixture with Tribes.

Butch helped create the Florida Governor’s council on Indian Affairs with then Governor Rueben Askew and was its first Director.  He served as First Vice President of the National Congress of American Indians, was nominated for Assistant Secretary of the Interior, received numerous honors and awards throughout the Native American community and spent his entire life working to help improve the lives of Native Americans throughout the United States.   Just prior to his passing, the United Southern and Eastern Tribes honored Saunooke with its highest honor, the “Earl Barbry Lifetime Achievement Award”.

Butch loved life and, most importantly, loved his children, grandchildren, and great grandchildren.  When not working tirelessly for Native Americans, he spent every free minute spending time with them teaching them the importance of serving others and making the world a better place.  His love for life and his people were evident in his spirit and example as a true Native American Warrior

Services will be held in Sarasota, Fla. with a viewing on March 13 from 6-8pm at Toale Brothers Funeral Home, 6903 South Tamiami Trail, Sarasota, FL.  Services will be March 14 at 10am at the Church of Jesus Christ of Latter Day Saints 7001 Beneva Road, Sarasota, FL.   A fund has been set up through the American Indian Graduate Center in his name.   At his request, donations in his honor may be made to the American Indian Graduate Center, Inc. 3701 San Mateo Blvd., NE #200, Albuquerque, NM 87110 or by going to www.aigcs.org, 505-881-4584

Congrats to Steve and Amy!

Best brief, third place