cultural resources

I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Matthew L.M. Fletcher

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

181 DCT Order.pdfDownload

Prior post on the D.C. Circuit decision from which this case is on remand here.

Briefs:

156 Solonex MSJ.pdfDownload
162 Tribal Intervenors MSJ.pdfDownload
164 Interior MSJ.pdfDownload
168 Blackfeet Tribe Amicus Brief.pdfDownload
170 Solonex Reply.pdfDownload
175 Federal Reply.pdfDownload
176 Tribal Intervenors Reply.pdfDownload

New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Matthew L.M. Fletcher

Here are the materials in United States v. Skeet (D.N.M.):

44 Superceding Indictment.pdfDownload
27 D MTD.pdfDownload
33 US Response to MTD.pdfDownload
36 D Reply to MTD.pdfDownload
50 Order on MTD.pdfDownload
Not a bird

Utah and Counties Sue Government over Restoration of Bear Ears

Matthew L.M. Fletcher

Here is the complaint in Garfield County v. Biden (D. Utah):

2-complaintDownload

Peggy Fontenot [represented by Pacific Legal Foundation] Challenge to Missouri American Indian Arts and Crafts Act Dismissed

Matthew L.M. Fletcher

Here are the materials in Fontenot v. Schmitt (W.D. Mo.):

10 Amended Complaint.pdfDownload
33 Fontenot MSJ.pdfDownload
36 State MSJ.pdfDownload
40 Fontenot Response.pdfDownload
42 State Response.pdfDownload
43 Fontenot Reply.pdfDownload
44 State Reply.pdfDownload
45 DCT Order.pdfDownload
https://www.fontenotphotography.com/contact/about

“Re-Indigenizing Yellowstone” in the Wyoming Law Review

Matthew L.M. Fletcher

Kekek Jason Stark, Autumn L. Bernhardt, Monte Mills, and Jason A. Robison have published “Re-Indigenizing Yellowstone” in the Wyoming Law Review. HIGHLY RECOMMENDED.

FLOW Livestream Event on Line 5 at 11AM Today

Matthew L.M. Fletcher

Here:

Hear about recent developments in the widespread effort to shut down Enbridge’s Line 5 in the Straits of Mackinac and stop the proposed oil tunnel. Presenters will answer questions from attendees.

Panelists

  • Liz Kirkwood, FLOW Executive Director  – Host
  • Whitney Gravelle, President, Bay Mills Indian Community
  • Zach Welcker, FLOW Legal Director
  • Sean McBrearty, Campaign Coordinator, Oil & Water Don’t Mix.

This event is occurring just after the 12th anniversary of the Enbridge Line 6B Kalamazoo River oil spill disaster. At the Straits of Mackinac, Enbridge Line 5 poses a dire threat in what University of Michigan scientists called “the worst possible place for an oil spill in the Great Lakes.”

Eighth Circuit Dismisses South Dakota’s Appeal of the Mount Rushmore Fireworks Ban

Matthew L.M. Fletcher

Here is the opinion in Noem v. Haaland.

Briefs here and here.

Split Ninth Circuit Panel Allows Oak Flat Mining to Proceed

Matthew L.M. Fletcher

Here is the opinion in Apache Stronghold v. United States.

Briefs here.

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

Matthew L.M. Fletcher

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

78-dct-orderDownload

Complaint posted here.

Kekek Stark on Anishinaabe Rights of Nature Cases

Matthew L.M. Fletcher

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.