Grand Canyon Skywalk Zombiewalk

Terrifying!!!!!

Here.

Even a little Thriller in there….

Federal Court Remands Towns’ Challenge to New York State & Counties’ Settlement with Oneida Indian Nation to State Court

Here are the materials in Town of Verona v. Cuomo (N.D. N.Y.):

1-1 State Court Complaint

8-1 Motion to Dismiss

12-1 Opposition & Motion to Remand

16 Reply in Support of Motion to Dismiss

17 DCT Order Remanding to State Court

News coverage here.

The settlement is here.

#ConfirmPattie — Patricia Millett for D.C. Circuit

Spread it around….

Here.

Opening Second Circuit Brief in Otoe-Missouria v. NY Dept. of Financial Regulation

Here:

Otoe-Missouria Opening Brief

Lower court materials here.

Sens. Heitkamp and Murkowski Introduce Bill to Improve Lives of Indian Children

Here is the text of the press release (bill summary here):

U.S. Senators Heidi Heitkamp (D-ND) and Lisa Murkowski (R-AK) today introduced a comprehensive plan to find solutions to the complex challenges facing Native American children throughout Indian Country.

The bipartisan legislation, Heitkamp’s first bill as a U.S. Senator, would create a national Commission on Native American Children to conduct an intensive study into issues facing Native children – such as high rates of poverty, staggering unemployment, child abuse, domestic violence, crime, substance abuse, and few economic opportunities – and make recommendations on how to make sure Native children are better taken care of and given the opportunities to thrive.   Heitkamp and Murkowski are both members of the Senate Committee on Indian Affairs.

“We have all heard stories or seen first-hand the struggles that too many Native children and their families face from extreme poverty to child abuse to suicide.  Since I’ve been in public office, I’ve worked to address many of these challenges, and I’m proud my first bill as a U.S. Senator will take a serious look at finding solutions to better protect Native children and give them the opportunities they deserve,” said Heitkamp. “Tragically, for children in our nation’s tribal communities, the barriers to success are high and they are the most at-risk population in the country, facing serious disparities in safety, health, and education.

“We need to strive for a day when Native children no longer live in third-world conditions; when they don’t face the threat of abuse on a daily basis; when they receive the good health care and education to help them grow and succeed. However, we don’t just have a moral obligation to fix this, we have treaty and trust responsibilities to do so. The federal government pledged long ago to protect Native families and children. We haven’t lived up to that promise. But we can change that.”

“Last week at the Alaska Federation of Natives, a group of kids from Tanana speak up  with tremendous courage and express that they have had enough of violence, alcohol, drugs, and suicide in their community. Their call for us to take a pledge to protect our villages against suicide, is a call to action for all of us. I am proud to be the lead Republican co-sponsor of the Alyce Spotted Bear and Walter Soboleff Commission with Sen. Heitkamp,” said Murkowski.  “We must ensure our federal government upholds the trust responsibility, especially to our Native children, and this Commission will examine from the lens of justice, education, and healthcare how to improve the lives of our Nation’s native children.”

“It is also time we honor Dr. Walter Soboleff, our champion for cultural education in Alaska. Dr. Soboleff, lived a life committed to ensuring our public education system honored cultural values, and that our University system provided an option for students to learn cultural practices with the established of the Alaska Native Studies Department at the University of Alaska Fairbanks.”

The Alyce Spotted Bear and Walter Soboleff Commission on Native Children, named for the former Chairwoman of Mandan, Hidatsa & Arikara Nation in North Dakota, and Alaska Native Elder and statesman, respectively, is already being praised by a cross-section of individuals from North Dakota, Alaska and around the country. It has been lauded by former Chairman of the Senate Committee on Indian Affairs Byron Dorgan, the National Congress of American Indians and the National Indian Education Association (quotes endorsing the legislation are below).

Continue reading →

Ninth Circuit Dismisses Wandering Medicine Voting Rights Appeal as Moot

Here is the unpublished order:

Wandering Medicine Mem Dispo

An excerpt:

Because we conclude that the scope of the preliminary injunction only included the 2012 election, this court can no longer provide plaintiffs with the relief requested—requiring defendants to open satellite offices in time for that election. Although plaintiffs’ complaint requested “preliminary and permanent injunctive relief . . . for the 2012 primary election and . . . for all future elections,” plaintiffs’ motion for a preliminary injunction included no such language, and the evidence presented to the district court focused almost exclusively on the 2012 election. As that election has passed, there is no longer any relief that this court can provide with respect to that election.

Briefs and other materials here.

Sixth Circuit Rejects Challenge to Eagle Mine

Here are the materials in Huron Mountain Club v. United States Army Corps of Engineers:

CA6 Unpublished Opinion

Huron Mountain Brief

Federal Brief

Kennecott Eagle Minerals Company Brief

Huron Mountain Reply

An excerpt:

Plaintiff-Appellant Huron Mountain Club (“HMC”) appeals the district court’s denial of its motion for injunctive relief, which sought to enjoin Kennecott Eagle Minerals Company (“Kennecott”) from constructing and operating the Eagle Mine (“Eagle Mine” or “the Mine”), a nickel and copper mine in Marquette, Michigan, and compel the United States Army Corps of Engineers1 (the “Corps”) to “administer” the federal permitting programs under the Rivers and Harbors Act (“RHA”), 33 U.S.C. § 403, and the Clean Water Act
(“CWA”), 33 U.S.C. § 1344. We AFFIRM.

Lower court materials here.

Federal Court Dismisses Pro Se Effort to Return “Peace Flag”

Here are the materials in Gopher v. Cascade County (D. Mont.):

Complaint

DCT Order Dismissing Complaint

An excerpt:

Ms. Gopher seeks the return of a 13-star peace flag bundle and its contents. She contends that Cascade County has exercised illegal control over the Gopher family’s artifacts. She seeks an immediate injunction barring the effect of a November 12, 2012 state court order, the return of her family’s property which was subject to a probate action which commenced in Cascade County on July 22, 2010, and a stay of all state court proceedings.

The Montana Supreme Court ruled on this matter previously.

Title VII Claim against Cherokee Nation-Owned Company Proceeds

Here are the materials so far in Nepomuceno v. Cherokee Medical Services (S.D. Cal.):

4 CMS Motion to Dismiss

10 Nepomuceno Opposition

11 CMS Reply

16 DCT Order Denying Motion

An excerpt:

CMS has not come forward with any evidence of how CMS was formed, who owns CMS, how CMS is managed, and where profits from the business go. Therefore, CMS has not established that it is an arm of the Cherokee Nation entitled to tribal sovereign immunity from suit, and the Court denies CMS’s motion to dismiss for lack of subject matter jurisdiction. CMS may reassert tribal sovereign immunity in a motion for summary judgment. However, any such motion should not be filed until Plaintiff has had the opportunity to conduct adequate discovery on the issue.