cultural resources – Page 106

Briefs in Te-Moak Tribe et al v. Interior

June 13, 2012Kate Fort5 Comments

Appellants’ Brief

Appellants, the Te-Moak Tribe of Western Shoshone Indians of Nevada (“Te-Moak Tribe”), the Timbisha Shoshone Tribe (“Timbisha Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Resource Watch (“GBRW”)(collectively, “the Tribes”) challenge the federal Bureau of Land Management (“BLM’s”) approvals of Barrick Cortez Inc.’s (“Barrick”) Cortez Hills Project (“Project”), a large open pit, cyanide-leach gold mine on Mt. Tenabo, a mountain sacred to many Western Shoshone Indians and in particular to the Te- Moak Tribe and Timbisha Tribe and their members. In this appeal, the Tribes challenge the decision of the district court to deny, in whole or in part, the Tribes’ Motions for Summary Judgment (“SJ Motions”), which sought to overturn the BLM’s actions.

The district court had subject matter jurisdiction under 28 U.S.C. § 1331 because the action arose under the laws of the United States including: the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-706, the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq., the Federal Land Policy Management Act of 1976 (“FLPMA”), 43 U.S.C. § 1701 et seq., and their implementing regulations.

American Indian Law Professors Amicus Brief

Coverage of the case’s previous trip to the 9th Circuit here.

KBIC, Eagle Rock, and Kennecott Mine in Scientific American

June 13, 2012Kate Fort

The article is Part 5 in a series called “Pollution, Poverty and People of Color”

“A Michigan Tribe Battles a Global Corporation”:

An abundant resource, this water has nourished a small Native American community for hundreds of years. So 10 years ago, when an international mining company arrived near the shores of Lake Superior to burrow a mile under the Earth and pull metals out of ore, the Keweenaw Bay Indian Community of the Lake Superior Band of Chippewa had to stand for its rights and its water.

And now, as bulldozers raze the land and the tunnel creeps deeper, the tribe still hasn’t backed down.

“The indigenous view on water is that it is a sacred and spiritual entity,” said Jessica Koski, mining technical assistant for the Keweenaw Bay community. “Water gives us and everything on Earth life.”

The Keweenaw Bay Indians are fighting for their clean water, sacred sites and traditional way of life as Kennecott Eagle Minerals inches towards copper and nickel extraction, scheduled to begin in 2014.

It’s a good longreads article. Our previous coverage, including the multitude of lawsuits the article mentions, is here.

Update in Northern Arapaho Suit re: Eagle Act and RFRA

June 4, 2012Matthew L.M. Fletcher

Northern Arapaho has moved for judgment on the pleadings in its suit challenging the Fish and Wildlife Service’s administration of the Eagle Acts:

Northern Arapaho Motion for Judgment on Pleadings

Their complaint is here.

News Coverage of Tribal Split in Oregon Sports Mascot Issue

June 1, 2012Matthew L.M. Fletcher1 Comment

Here.

“The Land is My Teacher: Preserving Native Agriculture and Traditions”

June 1, 2012Matthew L.M. Fletcher

Interesting article. Here.

WSJ Slideshow on the Winnemem Wintu Request for Privacy

May 31, 2012Kate Fort

Here.

“It’s kind of like having a skunk in the church,” says Caleen Sisk.

Bob Hershey on Globalization’s Impacts on Indigenous Peoples

May 30, 2012Matthew L.M. Fletcher

Robert Hershey has posted his paper, “Globalization and its Special and Significant Impacts on Indigenous Communities,” on SSRN.

Here is the abstract:

Globalization is really a painting of the earth whose rendering can never be truly fixed. Yet, it is emblematic of the social dimensions of human interactions. Globalization has particular urgency for the world’s Indigenous Peoples. Many Indigenous systems of collective economic production and distribution do not conform to capitalism’s cultural emphasis on individual accumulation. This manuscript explores the challenges to Indigenous societies from economic hegemonic regimes, bioprospecting, nature conservation, and extended continuing and derivative impacts. Crucially, Indigenous Peoples do not passively accede to domination by global market forces. Resistance, negotiation, and consultation are common features of Indigenous communities’ interactions with transnational corporations and international economic policy bodies, but the definition and content of these terms play out very differently for distinct societies. The article suggests appropriate protocols for engaging Indigenous societies and recognizes alternatives to domination. It concludes with an examination of how Indigenous Peoples may be embracing internet technologies to further their claims to self-determination.