Second Update in Michigan’s Suit against Proposed Sault Tribe Lansing Casino

Here are the new materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Michigan Reply in Support of Motion for PI

Michigan Response to SSM Motion to Dismiss

Nottawaseppi Huron Band of Potawatomi Indians filings:

2012-12-21 Amicus Brief with Exs.

2012-12-21 Memorandum in supportof Motion to file an amicus brief

2012-12-21 Motion to file an amicus brief

Saginaw Chippewa Indian Tribe filings:

motionforleavetofile&brief

sagchipamicus

exhibitssagchip

Previous materials are here (complaint and motion for PI) and here (Sault Tribe’s responsive pleadings).

Updated Per Capita Payments from Proceeds of Settlements of Indian Tribal Trust Cases (Notice 2013-1)

Here:

2012-26751-1

An excerpt:

Notice 2012-60, 2012-41 I.R.B. 455, provides guidance on federal tax treatment of certain per capita payments made to members of Indian tribes. Since publication of Notice 2012-60, six additional tribes – Qawalangin Tribe of Unalaska, Tlingit & Haida Tribes of Alaska, Northwestern Band of Shoshone Indians, Hoopa Valley Tribe, the Ak-Chin Indian Community, and the Oglala Sioux Tribe – have reached tribal trust case settlements with the United States and have been included in the Appendix.

Prior notice here.

Complaint Challening Trust Acquisition for North Fork Rancheria of Mono Indians

Here is the complaint in Stand Up for California v. DOI (D. D.C.):

Stand Up for California Complaint

An excerpt:

This “reservation shopping” case involves a dispute over the Secretary of the United States Department of Interior’s decision to acquire 305.49 acres (the “Casino Parcel”) in trust on behalf of the North Fork Rancheria of Mono Indians (the “North Fork Tribe” or the “Tribe”) under 25 U.S.C. § 465 for the purpose of enabling the Tribe to develop and operate a mega-casino funded by Las Vegas-based Station Casinos, Inc. (“Station Casinos”) almost 40 miles from the Tribe’s reservation. The Tribe already has ancestral lands in trust on which gambling can occur, and therefore the Secretary’s decision has been highly controversial and widely opposed. As is explained in detail below, the decision was arbitrary, capricious, an abuse of discretion, and was not in accordance with the federal policy strongly favoring on-reservation gambling, and the limited exception for off-reservation Indian gambling. Indeed, the Casino Parcel was strategically chosen adjacent to State Route 99 to provide easy access to nearby metropolitan areas with large numbers of potential gamblers.

 

Complaint Challenging Trust Acquisition for Enterprise Rancheria of Maidu Indians

Here is the complaint in Citizens for a Better Way v. DOI (D. D.C.):

Citizens for a Better Way Complaint

From the complaint:

This dispute centers on the November 21, 2012, decision of the Department of the Interior (“DOI”), through Secretary Kenneth Salazar (“Secretary”), to acquire a 40-acre parcel of land located near rural Wheatland, California (“Yuba Site”) in trust on behalf of group of Indians alleged to be the Enterprise Rancheria of Maidu Indians of California (“Enterprise”) and the underlying September 2011 determination approving off-reservation gaming on the Site. The purpose of the acquisition is to allow Enterprise to develop an off-reservation casino-resort with 1,700 slot machines and 170-room hotel in the middle of a farming community in Yuba County. The Secretary published notice of the trust decision in the Federal Register on December 3, 2012. 77 Fed. Reg. 71,612-01 (Dec. 3, 2012). The Secretary did not publish notice of the underlying gaming determination, made in September 2011, in the Federal Register.

Updated Materials in Saybrook v. Lake of the Torches EDC and Godfrey & Kahn

A nice messy case:

Saybrook Opening Brief on Subject Matter Jurisdiction

Lake of Torches Opening Brief on Subject Matter Jurisdiction

Godfrey & Kahn Response on Subject Matter Jurisdiction

Lake of Torches Motion to Lift Stay

Saybrook Response to Motion to Lift Stay

Saybrook Exhibit

The complaint is here.

A related state court complaint is here.

Second Circuit Briefs in Gambling Addict’s Suit against Foxwoods

Here are the briefs in Tassone v. Foxwoods Resort Casino:

Tassone Brief

Foxwoods Brief

Dakota Mass Execution — Dec. 26, 1862

News coverage here and here and here.

Profile on Navajo Chief Justice Herb Yazzie

Here. Via Pechanga.

This is interesting:

Another issue that was addressed this past year, said Yazzie, was how the tribal courts conduct hearings.

Most hearings are conducted in a combination of the English and Navajo language since elderly Navajos are more comfortable in the Navajo language while English is the language used for the court’s written records.

This causes problems, however, for the fact that court reporters, those who type the transcript of the trial, are more prone to knowing English than Navajo and when the case comes up for review, there would often be large parts of the hearings left empty with the reporter only saying that the testimony was in Navajo.

“What happens is that the most important part of the hearing and the place where fundamental Navajo law will most likely be discussed is not being translated,” Yazzie said.

He also pointed out that the tribe does not have a court reporter program of its own and often the parties are required to provide their own.

As a result, the members of the Navajo Supreme Court would have to go to the recording of the hearing and find the sections where Navajo was spoken and listen themselves to what was said, a process that is very time consuming.

Because of this, Yazzie put in for a federal grant of $200,000, which was approved, that will allow for the training of Navajo court reporters for the first time.

Keweenaw Bay Indian Community v. Sebelius — Contract Support Costs Complaint against Indian Health Service

Here is the amended complaint:

KBIC v Sebelius Amended Complaint

 

Cert Opposition Brief in Bivens Action against BIA Officer

Here is the cert opp in Oravec v. Cole:

Cole Cert Opp

Petition is here. I still expect a CVSG or something here.