economic development

Tom Bell on the Catawba Special Economic Zone

Matthew L.M. Fletcher

Tom Bell has posted “The Catawba Digital Economic Zone: A Native American SEZ,” published in the Journal of Special Jurisdictions, on SSRN.

The abstract:

The Catawba Indian Nation recently announced the launch of a new kind of special economic zone (SEZ) on its reservation lands in the Carolinas piedmont region. The Catawba Digital Economic Zone (CDEZ) aims to provide “A Jurisdiction Built for the Fintech and Digital Asset Industry.” Federal and state law affirms that the Nation has original and exclusive jurisdiction over two categories of disputes: those arising from contracts to which the Nation or its members are a party and those arising under any civil code that the Nation issues for the conduct of businesses and individuals on its reservation. Together, these give the Nation sovereign authority over commerce, real or virtual, that takes place on Catawba lands. The Nation has invoked this power to create the CDEZ. The Catawba General Council, a democratic assembly of tribe members, recently enacted the a civil ordinance creating a legal framework specially designed to support e-banking, cryptocurrency, non-fungible tokens, and other fintech and digital asset industries. This paper, written by one of a team of coders who worked on it, describes the origins, legal foundation, and basic structure of the CDEZ, the latest and most advanced example of a special jurisdiction focused on digital assets.

Seminole Tribes Sues AT&T over Cellular Telephone Partnership

Matthew L.M. Fletcher

Here is the complaint in Seminole Tribe of Florida v. AT&T (Del. Chancery Ct.):

Complaint.pdfDownload

Ninth Circuit Rejects Challenge to Tribal Wind Farm

Matthew L.M. Fletcher

Here is the unpublished opinion in Backcountry Against Dumps v. Bureau of Indian Affairs.

Briefs here.

Ninth Circuit Materials in Backcountry Against Dumps v. Bureau of Indian Affairs [Campo Band Wind Energy Project]

Matthew L.M. Fletcher

Here:

Backcountry Opening Brief.pdfDownload
BIA Answer Brief.pdfDownload
Campo Band Answer Brief.pdfDownload
Development Co Amicus Brief.pdfDownload
Reply Brief.pdfDownload
Backcountry Supplemental Brief.pdfDownload
BIA Supplemental Brief.pdfDownload
Campo Band Supplemental Brief.pdfDownload
Development Co Supplemental Brief.pdfDownload

Lower court materials here.

Carter and Rotman on Surface Mining Regulation After McGirt

Matthew L.M. Fletcher

Sam Carter and Robin Rotman have posted “Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After McGirt?,” forthcoming in the Montana Law Review, on SSRN.

Here is the abstract:

Following the decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), there has been a surge of litigation from the State of Oklahoma seeking to clarify the scope of the McGirt holding. While the Supreme Court of the United States was clear that the holding in McGirt was limited to criminal jurisdiction under the Major Crimes Act, it has sparked subsequent litigation regarding the scope of tribal authority. The pending case of State of Oklahoma v. United States Department of the Interior, which concerns surface mining regulation in Indian Country in Oklahoma, will test the application of McGirt outside of the criminal context. To this end, our article makes three recommendations: (1) in litigation concerning tribal lands, tribes should be a necessary party for litigation to proceed; (2) Congress should invest in pathways for tribes to build the capacity to create and manage their own programs, and (3) when tribal self-determination is encouraged and jurisdictional boundaries are clear, tribes can retain agency over their energy future and are less susceptible to the social harms that have been associated with the development of energy projects.

Oklahoma Federal Court Finds No Jurisdiction in Contract Dispute Involving Seneca-Cayuga Nation

Matthew L.M. Fletcher

Here are the materials in The Queens LLC v. Seneca-Cayuga Nation (N.D. Okla.):

2 Complaint

10 Motion to Dismiss — Immunity

13 Response

14 Reply

17 Surreply

32 Motion for Determination of Federal Court Jurisdiction

35 Response

37 Reply

38 DCT Order

Photo by Pavel Danilyuk on Pexels.com

Tamera Begay and Fletcher [in trickster forms] on Tribal Economic Development

Matthew L.M. Fletcher

Tamera Begay and Matthew Fletcher have posted “Ma’ii and Nanaboozhoo Fistfight in Heaven,” forthcoming in the Southwestern Law Review, on SSRN. Here is the abstract (more of a blurb, really):

The Navajo trickster Ma’ii and the Anishinaabe trickster Nanaboozhoo debate the future of tribal economic development [ostensibly reviewing Ezra Rosser’s new book].

Miigwetch, DALL-E, for another weird piece of fake art.

Montana Federal Court Dismisses Contract Claim over Sale of C-Store on Trust Land at Blackfeet [interpretation of 28 U.S.C. § 1353]

Matthew L.M. Fletcher

Here are the materials in Kumar v. Schildt (D. Mont.):

1 Complaint

13 Motion to Dismiss

16 Response

17 Reply

24 DCt Order

Luckily for all parties, the tribal court appears to be across the street from the store.

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Matthew L.M. Fletcher

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

ldf-cert-petitionDownload

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Update:

Law Profs Amicus Brief.pdfDownload
Org Amicus Brief.pdfDownload
Coughlin BIO.pdfDownload

Split Oklahoma SCT Rules against Cherokee Nation’s Claims for COVID Business Losses Coverage

Matthew L.M. Fletcher

Here are (many of) the materials in Cherokee Nation v. Lexington Insurance Co.:

Oklahoma SCT Opinion.pdfDownload
Cherokee Brief.pdfDownload
Insurers Opposition.pdfDownload
Reply.pdfDownload