Here are the materials:
DCT Order Denying Motion But DismissingNAGPRA Claims
USFS Motion to Strike NAGPRA Claims
The court previously dismissed the tribe’s cultural property claims.
cultural resources
NPR on Brazil’s Surui Tribe
Here. An excerpt:
Chief Almir Surui, 38, has built alliances with American technology companies, environmental groups and lawmakers in the capital, Brasilia, and in cities far beyond Brazil. And the Surui reserve, called Seventh of September for the date in 1969 when the outside world made its first sustained contact with the tribe, has become a hotbed of technology designed to protect the jungle.
The Indians use smartphones to monitor illegal logging and Google Earth Outreach to show the world what their reserve is like.
“Our model calls for saving the forest and fighting for sustainable development,” says Chief Almir, as he stands in the middle of the forest surrounded by chirping birds and many species of trees. “It’s a challenge because it’s very important to do all this. But other countries do not always pursue responsible policies.”
Federal Court Denies Motion to Dismiss Navajo Trademark Claims against Urban Outfitters & Anthropologie
Here are the materials in Navajo Nation v. Urban Outfitters (D. N.M.):
NN v. UOs Order Denying Motion to Dismiss
Previous materials on a denied motion to transfer venue are here.
Washington Redskins Trademark Bill and Press Release
WaPo: Lawmakers Offer Bill to Ban Redskins Trademark
Here.
Havasupai Tribe, Conservation Groups Challenge Uranium Mine Threatening Grand Canyon
The complaint can be seen here. The Center for Biological Diversity’s News Release can be seen here.
A snippet of the complaint:
After initial approval of the Canyon Mine, the Forest Service formally designated Red Butte and surrounding areas as a Traditional Cultural Property. This designation means Red Butte is eligible for inclusion in the National Register of Historic Places and meets the definition of a “historic property” under the National Historic Preservation Act (NHPA). The Forest Service also recognized that Red Butte is a sacred site to the Havasupai Tribe. The Forest Service’s 1986 approvals did not analyze the Canyon Mine’s potential effects to Red Butte as a historic property under the NHPA. The Forest Service recently commenced consultation with the Havasupai Tribe concerning the Canyon Mine’s impacts to Red Butte, and claims that it intends to continue consultation. The Forest Service is refusing to undertake and complete a NHPA Section 106 Process relating to adverse impacts to the Red Butte TCP, including consulting with the Tribe for the purposes of developing a Memorandum of Agreement, prior to allowing Canyon Mine to restart mining operations, as required under NHPA and its regulations, 16 U.S.C. § 470f, 36 C.F.R § 800.13(b)(1).
Trademark Trial and Appeals Board Hears Redskins Trademark Challenge
Here are the materials so far in Blackhorse v. Pro-Football, Inc.:
Plaintiffs’ Brief on Laches Issue
Defendants’ Brief on Laches Issue
Plaintiffs’ Reply Brief on Laches Issue
Plaintiffs’ Reply Brief on Merits
Federal Court Refuses to Allow N. Arapaho Tribe to Add Establishment Clause Claim to Eagle Act Regulatory Dispute
Here are the new materials in Northern Arapaho Tribe v. Ashe (D. Wyo.):
N. Arapaho Motion to File Second Amended Complaint
An excerpt:
With these principles in mind, the Court denies Plaintiffs’ motion because they waited too long to amend their complaint. Plaintiffs knew or should have known the facts underlying an Establishment Clause claim when they filed their amended complaint nearly a year ago. And Plaintiffs undoubtedly knew about the Establishment Clause claim by May 31, 2012, because on that date they filed a memorandum stating that “[d]efendants’ denial of the [tribe’s] permit application creates Establishment Clause problems.” Pls.’ Mem. 14 n.19, ECF No. 30. Yet Plaintiffs waited over eight months from the time they clearly knew about the Establishment Clause claim to file the present motion. That’s simply too long a wait. The Court therefore DENIES Plaintiffs’ motion for leave to amend their complaint (ECF No. 59) based on undue delay.
Our prior post on this case is here.
Federal Court Rejects Quechan Tribe Effort to Shut Down Ocotillo Express Wind Power Operation
Here are the materials in Quechan Tribe of the Fort Yuma Indian Reservation v. United States Department of the Interior (S.D. Cal.):
DCT Order Granting Ocotillo Motion
News Profile of USFWS Decisionmaking Process in Question of Bald Eagles and Wind Turbines
Here.
An excerpt:
The U.S. Fish and Wildlife Service (FWS) is considering eliminating most public oversight of wind turbine impacts on protected bald and golden eagles by offering developers 30-year permits to kill eagles by accident, as opposed to the current 5-year permits. What’s more, they’re shaping the implementation of that proposed policy change in a series of private “stakeholders'” meetings to which the public is not invited.
American Bird Conservancy letter here.
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