Here are the materials so far in Ute Indian Tribe of the Uintah and Ouray Reservation v. State of Utah (D. Utah):
News coverage here.
Author: Matthew L.M. Fletcher
Daily Kos on the Washington Football Team Nickname and Logo
Diné CARE Loses Suit to Force EPA to Impose New Rules on Navajo Generating Station
Here are the materials in Diné CARE v. EPA (N.D. Cal.):
40 Diné CARE Motion for Summary J
44 Salt River Project Cross Motion
55 DCT Order Dismissing Complaint
An excerpt:
Now before the Court are the parties’ cross motions for summary judgment. Plaintiffs Diné Care and National Parks Conservation Association (collectively “Plaintiffs”) move to have the Court issue an order requiring Defendant, the United States Environmental Protection Agency and Lisa Jackson in her official capacity as administrator (collectively “EPA”), issue a final rule within one year that establishes Best Available Retrofit Technology for the Navajo Generating Station. The EPA and the intervenor-defendant Salt River Project Agricultural Improvement and Power District (“Intervenor”) each cross-move for summary judgment on the basis that the Court lacks subject matter jurisdiction to hear Plaintiffs’ complaint under the Clean Air Act (“CAA”). Having considered the parties’ pleadings and the relevant legal authority, the Court hereby GRANTS the EPA’s and Intervenor’s motions for summary judgment. The Court finds that it lacks subject matter jurisdiction of this citizen suit and dismisses the action.
Fifth Circuit Briefs in Alabama-Coushatta Tribe v. United States — Land Claims Judgment Suit
Fourth Nooksack Tribal Court Complaint in Disenrollment Dispute; IGRA Violations Alleged
Here is the complaint:
Rudy St Germain v Kelly Complaint For Prospective Equitable Relief
And a press release:
Nooksack 306 Deprived Of Christmas Support
Deming, WA – Today the Nooksack 306 were forced to file yet another Tribal Court lawsuit, after it became public that on December 3, the Nooksack Tribal Council Faction led by Chairman Bob Kelly voted via secret “poll” to exclude the 306 families from $250 in Christmas support.
The families have asked the Nooksack Tribal Court to stop the Kelly Faction from excluding 306 families from the distribution, which they intend to make starting this Thursday, December 12.
“We are disgusted but not surprised that Bob Kelly and his followers would now deprive our families from Christmas support,” said Nooksack 306 family spokesperson Moreno Peralta. “The holidays are a struggle for many of us, and they know that. This is just pure insult that is being added to the deep injury we’ve already suffered this year.”
Tribal member comments on the Tribe’s Facebook page confirm that Nooksack “families in need” could really use the Christmas monies.
The lawsuit alleges violation of the equal protection clauses in the Nooksack Constitution and federal Indian Civil Rights Act, as well as the Indian Gaming Regulatory Act (IGRA), which prevents tribes from distributing gaming revenues on a per capita basis without a federally-approved revenue allocation plan and/or in discriminatory fashion.
The Nooksack Tribe does not have any such revenue allocation plan. The resulting violations of IGRA could result in the National Indian Gaming Commission levying civil fines against the Tribe up to $25,000 per distribution and/or closing the Tribe’s two gaming facilities.
EPA Grants TAS Status to Wind River Indian Reservation Tribes under Clean Air Act
Trip to Santee Sioux Nation Reservation
I visited the Santee Sioux Nation Reservation for the Nation Supreme Court’s first oral argument yesterday.
Here is the court: Amanda WhiteEagle (Ho-Chunk Nation); Terri Mason Moore (Osage Nation); Andrew Adams III (Muscogee Nation); John LaVelle (Santee Sioux Nation); and me (GTB)
Sunrise at the Ohiya Casino (negative 2 degrees Fahrenheit): Continue reading
King County Bar Bulletin Commentary on Tribal-State Relations
Here, from Gabe Galanda:
Washington Tribal-State Relations Bar Bulletin
An excerpt:
Washington tribal/state relations and the new political relationship between our state’s sovereigns are indeed evolving. Still, based on the Washington Supreme Court’s three most recent three Indian law decisions, more progress is required to achieve tribal/state congruity throughout official state policy. In particular, the increasingly cooperative relationship between the Tribes and State must be better appreciated when the Court next evaluates regulatory power or adjudicatory jurisdiction in Washington Indian Country.
DOJ Taskforce on Native Children Exposed to Violence Holds First Hearing
FIRST PUBLIC HEARING OF THE AMERICAN INDIAN AND ALASKA NATIVE CHILDREN EXPOSED TO VIOLENCE TASK FORCE HELD IN BISMARCK, N.D.
WASHINGTON – The Attorney General’s Advisory Committee of the Task Force on American Indian/Alaska Native Children Exposed to Violence held its first public hearing today in Bismarck, N.D., convening tribal researchers, advocates and local community members to discuss domestic violence and child physical and sexual abuse in Indian Country.
The task force is comprised of a federal working group that includes U.S. Attorneys and officials from the Departments of the Interior and Justice and an advisory committee of experts on American Indian studies, child health and trauma and child welfare.
“Today represents an important step in protecting American Indian and Alaska Native children,” said Associate Attorney General Tony West. “This task force has already begun addressing children’s exposure to violence in tribal communities in ways that recognize the unique government-to-government relationship between the United States and tribes, and it will continue to develop approaches that will help us protect our children.”
“The problem of American Indian and Alaska Native children’s exposure to violence is complex and widespread and can have devastating consequences for these children,” said Assistant Attorney General for the Office of Justice Programs Karol V. Mason. “I’m pleased that this group of experts will help us understand the challenges before us and give us the information we need to reduce the incidence of violence and trauma among native children.”
During the hearing, experts on the trauma of sexual abuse of American Indian children discussed their experiences and recommended ways to improve the identification, assessment and treatment of children. Other topics addressed included violence in the home, healing from trauma and programs for children exposed to violence in Indian Country and urban communities.
In addition to today’s hearing, the advisory committee will convene three public hearings in early 2014 in Phoenix, Fort Lauderdale, Fla., and Anchorage, Alaska, focusing on violence in homes, schools and communities in Indian country. The 13-member advisory committee is co-chaired by former U.S. Senator Byron Dorgan and Iroquois composer and singer Joanne Shenandoah. The advisory committee will draw upon research and information gathered through public hearings to draft a final report of policy recommendations that it will present to Attorney General Eric Holder by late 2014.
Attorney General Holder created the task force this year as part of his Defending Childhood initiative to prevent and reduce children’s exposure to violence as victims and witnesses. The task force is also a component of the Justice Department’s ongoing collaboration with leaders in American Indian and Alaska Native communities to improve public safety.
For more information about the advisory committee and public hearings, please visit www.justice.gov/defendingchildhood.
Grand Canyon Skywalk Petition in Conference Dec. 13
Here.
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