Judge Frizzell Grants TRO, Stopping UKB Trust Acquisition

Here is the minute order (no opinion yet):

Minute order

Briefs are here.

News is here.

Sunset at Little Traverse Bay

Emmett and Owen enjoying the sunset and rocks.

20130813-081441.jpg

2013 UW Indian Law Symposium Brochure — Sept. 12-13, 2013

Here:

2013 Indian Law Symposium Brochure

2013 Indian Law Symposium Brochure page 2

Casey Family Programs ICW Job Posting

For details on the posting, which is for Director — Indian Child Welfare, see here.

Dusten Brown Turns Self In to Okla. Authorities after S.C. Issues Warrant

Here.

Yesterday’s news on the warrant here.

NLRB Sixth Circuit Brief in LRB v. NRLB

Here:

2013-08-12 NLRB Brief for Respondent

Opening brief and amicus briefs are here.

Briefs in Cherokee Nation TRO Request re: UKB Trust Land Acquisition

Here are the updated materials in Cherokee Nation v. Jewell (N.D. Okla.):

Cherokee Nation TRO Motion

Interior Opposition

UKB Opposition

Cherokee Nation Reply

News coverage here.

Prior post here.

Update in Sharp Image Gaming v. Shingle Springs Miwok

The United States has filed an amicus curiae brief confirming that the trial court erred in disregarding the NIGC’s action.  The United States confirmed that the state courts are required to defer to the agency’s views, as expressed in an NIGC opinion letter, the Chairman’s decision disapproving the agreement, and in the United States’ amicus brief, itself:

[T]he Superior Court was obliged to exercise its jurisdiction consistent with IGRA and IGRA’s bar on the enforcement of unapproved management contracts. Instead of acknowledging this bar and the need to resolve whether the ELA was an unapproved management contract (consistent with deference principles), the Superior Court simply denied the Tribe’s motion to dismiss on the grounds that the Chairman’s 2009 Disapproval was not “final agency action” binding on the state court. . . .

This is a non sequitur. A final disapproval decision by the NIGC is not necessary to render an unapproved management contract void. Such contract is and remains void unless and until the NIGC takes formal action to approve the contract. 25 C.F.R. §§ 533.1(a), 533.7. The NIGC’s disapproval of the ELA merely preserved the legal status quo. Thus, even if the 2009 Disapproval was invalid due to procedural errors – a question over which the Superior Court had no jurisdiction (see infra) – a ruling setting aside the NIGC’s decision would not resolve the preemption question.

. . .

[T]he present case involves the NIGC’s determination on a threshold legal issue involving an interpretation and application of the NIGC regulation defining “management contract.” The NIGC expressed its regulatory interpretation in the 2009 Disapproval and the 2007 OpinionLetter (as well as in the present amicus brief). The NIGC is entitled to deference in the interpretation of its own regulations, even when such interpretation is not rendered in a formal rulemaking or other final agency action.

Here is the United States’ brief and the parties’ briefs in response:

United States’ Amicus Brief

Sharp’s Response to United States’ Amicus Brief

Tribe’s Response to United States’ Amicus Brief

The merits briefs are here.

NYTs Coverage of Navajo Nation’s Fight over the Wild Horse Population on the Reservation

Here.

New Principal Deputy in the OSG — Ian Gershengorn

Here.

Congrats to Ian, who has had a hand in some important Indian law work back in the day. He argued Wagnon, for example, on behalf of the Prairie Band Potawatomi Nation.