California Federal Court Dismisses Anti-NAGPRA Scholar’s Free Speech Suit

Here are the materials in Weiss v. Perez (N.D. Cal.):

16 Motion for Preliminary Injunction

31 San Jose State Motion to Dismiss

32 SJSU Opposition to 16

46 Reply in Support of 16

57 Opposition to 31’\

60 Reply in Support of 31

Complaint posted here.

Kekek Stark on Anishinaabe Rights of Nature Cases

Kekek Jason Stark has published “Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights of Nature and its Jurisdictional Application for Anishinaabe Territories” in the Montana Law Review.

An excerpt:

This article examines the tribal law acknowledging the Rights of Na- ture as a deeply embedded traditional Anishinaabe law principle. This traditional law principle acknowledging the rights of nature is crucial for sustaining the Anishinaabe Nations’ relationship with their territorial lands and natural resources. What does it mean to recognize the rights of ma- noomin (wild rice) to “exist, flourish, regenerate, and evolve” or to be pro- tected in its traditional forms, natural diversity, and original integrity? This article then delineates the various ways that the White Earth Band of Ojibwe has codified their relationship with their territorial lands and natural resources into tribal law. While the rights of manoomin and similar laws have been widely touted in the press as important victories for tribal sover- eignty, this article more deeply evaluates the practical effects and applica- tions of this tribal law to determine whether this law can serve as a frame- work for other Tribal Nations or is merely a symbolic gesture. Moving beyond symbolic gestures is essential for tribes to implement legal regimes more protective than those provided by states that may otherwise permit development activities by non-Indian parties within treaty territories.

HIGHLY, HIGHLY recommended.

Wisconsin Federal Court Rejects Enbridge Demand to Depose Bad River Council Members “Thought Processes”

Here are materials in Bad River Band of the Lake Superior Tribe of Chippewa Indians v. Enbridge Inc. (W.D. Wis.):

Prior post here.

White Earth Ojibwe Appellate Court Dismissed Manoomin Suit against Minnesota DNR

Here is the order in Minnesota Dept. of Natural Resources v. Manoomin dated March 10, 2022:

Prior post here.

D.C. Federal Court Dismisses Narragansett Challenge to Federal/State Highway Project that Impacts Providence Covelands

Here are the materials in Narragansett Indian Tribe v. Nason (D.D.C.):

43 Amended Complaint

47-1 State Motion to Dismiss

49 Tribe Response

50 Reply

53-1 Tribe Motion for Summary J

54 State Response

64 Federal Motion for Summary J

66 Tribe Response

68 Federal Reply

Tribal Brief in Michigan Public Service Commission Case Involving Enbridge Line 5

Here:

Mackinac Island 2020