Author: Matthew L.M. Fletcher – Page 622

Binger Operations, LLC (“Binger”) filed this interpleader action against Brenda Shemayme Edwards, Phillip M. Smith, and the Caddo Tribal Council, seeking a determination of the respective rights of the defendants in interpleader (“defendants”) to receive oil and gas severance taxes. Both Mr. Smith and Ms. Edwards claim to be the Chairman of the Caddo Nation, and both have purported to file documents on behalf of the Caddo Tribal Council.¹ Mr. Smith and, according to his/its motion, the Caddo Tribal Council, have moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subjectmatter jurisdiction. Ms. Edwards and, according to her/its response, the Caddo Tribal Council, have responded in support of the motion to the extent that it challenges this court’s jurisdiction. Binger has responded, and the motions are at issue.

Justin Hansford Talk Friday: “Critical Race Theory and Legal Story-Telling: The Trayvon Effect”

March 18, 2014Matthew L.M. Fletcher

Here:

150th Anniversary of the Sand Creek Massacre — State and Tribal Collaboration Announced

March 18, 2014Matthew L.M. Fletcher

State of Colorado, tribes announce collaborative effort around 150th anniversary of Sand Creek Massacre

DENVER — Monday, March 17, 2014 — Gov. John Hickenlooper announced two major efforts today regarding the upcoming 150th anniversary of the Sand Creek Massacre.

The first is a Memorandum of Agreement (MOA) between the State of Colorado and History Colorado with the Northern Cheyenne of Montana, the Northern Arapaho of Wyoming and the Cheyenne and Arapaho tribes of Oklahoma to create a government-to-government agreement that demonstrates a commitment between the State and the Tribes to educate the public about the Cheyenne and Arapaho people and culture and the history of the Sand Creek Massacre.

Hickenlooper also announced a new Sand Creek Massacre Commemoration Commission, which was created by Executive Order. The commission will be co-chaired by Hickenlooper and Lt. Gov. Joe Garcia and include tribal, federal, state and local governments, historians, scholars, religious leaders, and institutions of higher education, to work together to commemorate the 150th anniversary of the Sand Creek Massacre.

“The MOA and the joint commission create an avenue for statewide collaboration, communication and coordination to educate the public about the Cheyenne and Arapaho people and the history of the Sand Creek Massacre,” Hickenlooper said. “Both will serve to strengthen our ongoing relationship with the tribes, honor their history, celebrate their culture and most importantly prevent horrific acts such as these from ever occurring again.”

The Commission will coordinate activities and events that commemorate the 150-year anniversary of the Sand Creek Massacre on Nov. 29, 1864.

The MOA is the outcome of consultations between History Colorado and the Tribes to address concerns about the History Colorado Center’s Sand Creek Massacre exhibit, as well as to develop a plan for future relations. Consultations about the exhibit continue with History Colorado, the Tribes, the Colorado Commission of Indian Affairs and the National Park Service Sand Creek Massacre National Historic Site.

Wash. Dept. of Revenue Draft Property Tax Advisory re: Great Wolf Case

March 17, 2014Matthew L.M. Fletcher1 Comment

Here:

PTA Improvements on Tribal Trust Land

An excerpt:

Question: May state and local governments assess property tax on permanent improvements built on land owned by the United States and held in trust for an Indian tribe?

Answer: No. The United States Court of Appeals for the Ninth Circuit determined in Confederated Tribes of the Chehalis Reservation v. Thurston County Board of Equalization, 724 F.3d 1153 (9th Cir. 2013) that where the United States owns land covered by 25 U.S.C. § 465 and holds it in trust for the use of a tribe, permanent improvements on that land are exempt from state and local property taxation.

NLRB Files Response Brief in Chickasaw Nation v. NLRB

March 17, 2014Matthew L.M. Fletcher

Here:

NLRB Response Brief

Opening and amicus briefs are here and here.

Federal Court Strikes USFWS Cape Wind Decision

March 17, 2014Matthew L.M. Fletcher

Here is the opinion in Public Employees for Environmental Responsibility v. Beaudreu (D.D.C.):

371 DCT Order

The Wampanoag Tribe of Gay Head (Aquinnah) was part of this suit as well.

Fifth Circuit Panel Issues Amended Opinion in Dolgencorp v. Mississippi Band of Choctaw Indians

March 17, 2014April 14, 2014Matthew L.M. Fletcher2 Comments

Here is the amended opinion:

CA5 Amended Opinion

The main amendment appears to be that the panel will no longer rely upon the Ninth Circuit’s holding in Water Wheel — and instead finds that the tribe retains jurisdiction over the underlying tort claim under the Montana 1 consensual relations exception.

The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition

En banc petition materials here.

Panel materials here.

Lower court decision and materials here.