New Study on Eagle Mortalities at Wind Energy Facilities

This study, collected by United States Fish and Wildlife Service employees, was published in the Journal of Raptor Research.

Here:

JRR-12-00019.1

 

City of New York Wins Injunction against Seneca-Based Tobacco Wholesalers

Here are the materials in City of New York v. Wolfpack Tobacco (S.D. N.Y.):

7 NYC Motion for PI

35 Opposition

42 Reply

55 DCT Order

From the court’s order:

Defendants WOLFPACK TOBACCO, CLOUD AND COMPANY, ALLEGANY SALES AND MARKETING, and PHILIP JIMERSON are enjoined from: i) Advertising or selling cigarettes to New York State residents at prices that do not include the cost of New York State taxes, and for sales to City residents, do not also include the cost of New York City taxes;ii) Selling or shipping any cigarettes without monthly reporting of the sales and/or shipments (including names, dates, addresses, quantities, prices and brands for each sale or shipment, organized by City, town or zip code) to: (a) the New York City Office of the Corporation Counsel, the New York City Department of Finance, and the New York State Department of Taxation and Finance for sales or shipments into New York State and (b) the respective state tobacco tax administrators for sales or shipments into other states; (iii) Selling or shipping any cigarettes unless the packages identify the contents as cigarettes and the packages are delivered pursuant to an age verification procedure that conforms with the procedure specified in the PACT Act; and iv) Selling or shipping more than ten pounds of cigarettes and/or smokeless tobacco in a single sale or delivery.

Federal Court Refuses to Enjoin US Forest Service Decision to Reopen Canyon Uranium Mine

Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):

DCT Order Denying Motion to Dismiss

Plaintiffs’ Motion for PI

USFS Response

Plaintiffs’ Reply

NYTs Coverage of Tribal Payday Lender Suit against New York

Here.

An excerpt:

Online lending has become a popular venture for Indian tribes over the last several years as states have cracked down on payday loans. The tribes say that in many cases, e-commerce activities have become a vital source of revenue, especially because their remote locations inhibit their ability to operate casinos. For the Otoe Missouria Tribe, lending revenue accounts for roughly half of the tribe’s nonfederal budget, according to a court filing.

“Every Indian tribe worth its salt has to provide health care, public safety, education and a panoply of essential services to its members,” said Matthew Fletcher, a law professor at Michigan State University and an authority on Indian law. “These tribes must reach off the reservation to conduct business because there is a desperate need for revenue.”

NCAI Letter to National Indian Gaming Commission re: Bay Mills Vanderbilt Casino

Here:

NCAI Letter to NIGC re Michigan v Bay Mills

An excerpt:

We have reviewed the NIGC legal opinion dated December 10, 2010 asserting that NIGC has no jurisdiction over the disputed Vanderbilt casino because it is not on Indian lands. We respectfully request that you reconsider that legal opinion in order to avoid the “irony” and unnecessary legal dilemma that the Supreme Court intends to resolve. Although the NIGC authority to approve tribal gaming ordinances may be limited to Indian country (AT&T v. Coeur d’Alene Tribe, 283 F. 3d 1156 (9th Cir., 2002)), IGRA is structured to authorize the NIGC to take final agency action regarding Indian gaming operating outside of Indian country. Bay Mills maintains that it is operating the Vanderbilt facility pursuant to a NIGC approved tribal ordinance within the authority of IGRA. IGRA authority lies clearly within the NIGC to assess the validity of Bay Mills’ claim.

The NIGC disclaimed jurisdiction over the Vanderbilt casino here. See also, Interior’s letter.

Kialegee Casino Developer Sues Dickinson Wright for Malpractice over Broken Arrow Casino

Here is the complaint in MCZ Development Corp. v. Dickinson Wright PLLC (N.D. Ill.):

Complaint

42 DCT Order Dismissing Suit

News coverage here.

Prairie Band Potawatomi Nation Hosting Kansas Native Nations Law Symposium — Sept. 13, 2013

Here is the agenda.

Native_Nations_Law_Symposium_Agenda_2013_Page_1 Continue reading →

Dakota Plains Legal Services Executive Director Search

DAKOTA PLAINS LEGAL SERVICES

VACANCY ANNOUNCEMENT

DAKOTA PLAINS LEGAL SERVICES (DPLS), a non-profit organization which provides free legal services to low-income clients, is accepting applications for the Executive Director position.

GENERAL RESPONSIBILITIES: The Executive Director has overall responsibility for the operation of Dakota Plains Legal Services, including general administration of the program, its fiscal affairs, the securing of funds and the maintaining of funding levels sufficient to meet programmatic needs, personnel management, working with the organized Bar throughout the state, implementing programmatic policies, and providing necessary litigation support.

QUALIFICATIONS: Applicants must be admitted to practice in any jurisdiction for a minimum of four years; must be admitted to practice law or applying for admission to practice law in South Dakota; must have a minimum of two years administrative experience at a policy making level in legal services or a legal services program; and must be bondable.

SALARY: Competitive and negotiable depending on experience.  DPLS has an excellent fringe benefits package including generous leave benefits and employee insurance coverage (medical, dental, life, disability.)

CLOSING DATE:  November 8, 2013.

APPLICATION/INFORMATION:  Persons interested in being considered for this position should submit a letter of introduction along with a resume and references to:

Continue reading →

Spokane Tribe Seeks Prosecutor

Here:

Prosecutor Position 9-10-2013

Preliminary Injunction Motion Pleadings in Otoe-Missouria Tribe v. NY State Dept. of Financial Services

Hearing today on this motion.

Here:

Plaintiffs’ Motion for PI

NY Opposition

Plaintiffs’ Reply

Prior posts with pleadings here and here.