GAO Report on the Regulation of Indian Gaming

Here is “Indian Gaming: Preliminary Observations on the Regulation and Oversight of Indian Gaming.”

It’s in the news here.

Other SCOTUS Action Today: Cert Denials

Here again is the order list. The Court denied cert in other Indian law related cases.

Marcussen v. Burwell. Petition here.

Harvest Inst. v. United States. Lower court materials here.

United States v. First. Lower court decision here. Tribal court decision (I think) here.

Yowell v. Abbey. NARF page here.

The Court also denied the petition of a Saginaw Chippewa member to waive costs — Pego v. United States. Lower court decision here.

 

SCOTUS Issues CVSG in Dollar General v. Mississippi Choctaw

Here is the order [look for page 5].

Here are the briefs.

Puyallup Per Capita and Representative Payment Program Attorney Sought

Here:

Per Capita Attorney closes when filled

State Court Challenge to Graton Rancheria Compact Fails

Here are the materials in Stop the Casino 101 Coalition v. Brown (Cal. App.):

Opinion

Stop the Casino Opening Brief

California Brief

Stop the Casino Reply Brief

Madera County Sheriff Suit against Chukchansi Factions Dismissed

Here are the materials in Anderson v. Duran (N.D. Cal.):

160 Anderson Motion for Summary J

191 Duran Motion for Judgment on the Pleadings

199 Duran Response

203 Anderson Response

221 Anderson Reply

224 Duran Reply

252 DCT Order

An excerpt:

Plaintiff John Anderson is the Sheriff of Madera County, located outside of Fresno in the Eastern District of California. The specific dispute at issue in this case is but a piece of a larger struggle which began in 2011 for control and direction of the Picayune Rancheria of the Chukchansi Indians (“the Tribe”), a federally recognized tribe. The territory of the Tribe rests wholly within Madera County. At its core, this action represents a reaction by the plaintiff Sherriff to orders he has received from certain tribal factions directing him to intercede against their opponents. While the entirety of the case rests on actions taken within the Central District of California, the parties do not dispute venue in this district as will become apparent below.

In August 2013, individuals purporting to represent the tribal council filed suit in tribal court against Anderson and others seeking damages and injunctive relief. The tribal court issued a temporary restraining order directing Anderson, who is not a member of the Tribe, to take certain steps in execution of his official duties as Sheriff. Shortly thereafter, Anderson filed suit in this Court, seeking a temporary restraining order (“TRO”) and preliminary injunction against the Tribe, affiliated tribal entities, [5]  individual members of a group purporting to comprise the legitimate tribal council (the “Lewis Faction”), and the judge and clerk of the purported tribal court (the “Lewis Tribunal”). Anderson sought to prevent any of the individuals or entities from enforcing the TRO issued by the Lewis Tribunal and to stay further proceedings against him in that court. This Court conducted a hearing that same day at which representatives for the Lewis Faction as well as from a competing group, the Ayala Faction, participated. These two groups, along with a third contingent known as the Reid Faction, each purport to represent the Tribal entities in this action. At the conclusion of the hearing, Anderson’s TRO was granted and an order to show cause issued as to his application for a preliminary injunction. The terms of the TRO were later incorporated into a preliminary injunction, which remains in effect.

Anderson now moves for summary judgment, seeking declaratory and injunctive relief against the Tribal entities and the individual defendants. The Lewis/Reid Faction, on behalf of the Tribal entities and individual defendants, opposes that motion and simultaneously moves for judgment on the pleadings [6]  or, in the alternative, summary judgment. The Tribal Court defendants, Jack Duran and Donna Howard, join the Lewis/Reid Faction’s opposition and motion. The Ayala Faction, on behalf of the Tribal entities, joins Anderson’s motion and opposes the Lewis/Reid Faction’s counter-motion.

For the reasons set forth below, Anderson’s motion is granted as to the individual defendants. His motion is denied, and the case is dismissed, as to the Tribal entities on the basis of sovereign immunity. The Lewis/Reid Faction’s motion is denied.

We posted previously on this matter here.

 

Hopi Tribe v. EPA Ninth Circuit Petition over Navajo Generating Station Approvals

Here:

Petition

NITA 16th Annual Tax Conference and Materials Available on Website

Here.NITA Booklet

PDF or Virtual Booklet.

Regional Interior Solicitor Position

Here:

Job Title:Regional Solicitor-Southwest

Department:Department Of The Interior

Agency:Office of the Solicitor

Job Announcement Number:SOL-SES-2015-0001

SALARY RANGE:

$120,749.00 to $181,500.00 / Per Year

OPEN PERIOD:

Friday, October 3, 2014 to Monday, November 3, 2014

SERIES & GRADE:

ES-0905-00

POSITION INFORMATION:

– – This is a Permanent Full-Time appointment.

DUTY LOCATIONS:

1 vacancy in the following location:
Albuquerque, NM View Map

WHO MAY APPLY:

Applications will be accepted from all groups of qualified individuals who are U.S. Citizens.

SECURITY CLEARANCE:

Public Trust – Background Investigation

SUPERVISORY STATUS:

Yes

JOB SUMMARY:

About the Agency

The maximum pay for individuals who have not previously held an SES position is $167,000 (EX-III). Current SES who earn more than $167,000 (EX-III) are eligible to be compensated up to $181,500 (EX-II).

This position is located in the Office of the Solicitor, U.S. Department of the Interior. The Southwest Region is one of eight regions within the Office of the Solicitor and serves multiple bureaus in New Mexico, Oklahoma, Texas, some of Arizona, Colorado, Kansas, Louisiana, Illinois, Indiana, and Alabama.

Little Traverse Prosecutor Position

Here:

LTBB Prosecutor 2015 FINAL