economic development – Page 25

Conflict on Mauna A Wakea

July 16, 2019Monica Williamson

Hawaii News Now

Video ‘Conflict of Mauna Kea,’ a timeline exploring the history of tension over the Thirty Meter Telescope.

Updates here.

Office of Hawaiian Affairs

Mauna Kea.

OHA testimony on the Mauna Kea admin rules.

Draft rules from UH.

Department of Land and Natural Resources

Documents relating to the Thirty Meter Telescope.

Mauna Kea FAQ.

State of Hawai’i, Office of Hawaiian Affairs: “Mauna Kea is a deeply sacred place that is revered in Hawaiian traditions. It’s regarded as a shrine for worship, as a home to the gods, and as the piko of Hawaiʻi Island.

Mauna Kea is also a critical part of the ceded lands trust that the State of Hawaiʻi must protect and preserve for future generations, pursuant to its kuleana as a trustee.

Despite four state audits and generations of Native Hawaiians expressing concern about the threats to Mauna Kea, the state and the University of Hawaiʻi have continuously neglected their legal duties to adequately manage the mountain. Instead, they have prioritized astronomical development at the expense of properly caring for Mauna Kea’s natural and cultural resources.”

Fourth Circuit Favors Tribal Immunity in Williams v. Big Picture Loans LLC

July 3, 2019Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

California COA Opinion in People ex rel. Becerra v. Native Wholesale Supply

July 3, 2019July 8, 2019Matthew L.M. Fletcher

Here:

People ex rel Becerra v NWS

Briefs:

Appellant Brief

State Answer Brief

SCOTUS Denies Cert in Allergan/St. Regis Mohawk v. Teva Pharma

June 3, 2019Matthew L.M. Fletcher

Here is the order list.

Here is the petition page.

Fourth Circuit Oral Argument Audio in Williams v. Big Picture

May 9, 2019Matthew L.M. Fletcher

Here.

Briefs here.

Yakama Nation Prevails over Klickitat County over Indian Country Fireworks Sales

April 25, 2019April 25, 2019Matthew L.M. Fletcher

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County (E.D. Wash.):

10 DCT Order Granting TRO

21 Tribe Motion for Summary Judgment

23 County Response

24 Reply

29 DCT Order

Second Circuit Affirms in Gingras v. Think Finance Inc. [Chippewa Cree Lending]

April 24, 2019Matthew L.M. Fletcher

Here is the opinion:

CA2 Opinion

From the court syllabus:

Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The terms of their loan agreements provide for interest rates well in excess of caps imposed by Vermont law. Gingras and Given sued, alleging violations of Vermont and federal law. They seek an injunction against tribal officers in charge of Plain Green and an award of money damages against other Defendants.

Some Defendants moved to dismiss, arguing that tribal sovereign immunity barred the suit. All Defendants moved to compel arbitration under the terms of the agreements. The district court (Geoffrey W. Crawford, Judge) denied both motions. We hold that tribal sovereign immunity does not bar this suit because Plaintiffs may sue tribal officers under a theory analogous to Ex parte Young for prospective, injunctive relief based on violations of state and substantive federal law occurring off of tribal lands. We further hold that the arbitration clauses of the loan agreements are unenforceable and unconscionable.

Briefs and link to lower court materials here.