economic development

Virginia Federal Court Confirms Immunity of Tribal Sovereign Lending Entity

Matthew L.M. Fletcher

Here are the materials in Howard v. Plain Green (E.D. Va.):

14 Motion to Dismiss

18 Response

19 Reply

21 Magistrate Report

22 DCT Order

Great Plains Lending v. Consumer Financial Protection Board Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Question presented:

Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes.

Lower court materials here.

 UPDATE:

Making Change: Nick Tilsen

Teresa Walrod

On South Dakota’s Pine Ridge Reservation, Nick Tilsen is upending entrenched poverty and rebuilding his Lakota community.

HERE.

 

Georgia Appellate Court Vacates Arbitration Award against Guidiville Band of the Pomo Indians

Matthew L.M. Fletcher

Here is the opinion in Churchill Financial Management Corp. v. ClearNexus Inc. (Ga. Ct. App.):

Ga Ct App Opinion

An excerpt:

Most courts that have addressed this issue have determined that tribal sovereign immunity extends to entities known as chartered tribal corporations when they are “arms of the tribe.” Whether a corporation is an “arm of the tribe” protected by tribal sovereign immunity generally is determined based on a consideration of tribal involvement in the creation and control of the entity, intent to clothe the entity with immunity, and whether the entity serves tribal sovereign interests such as economic development.

Although neither the arbitrator nor the superior court engaged in an analysis based on any factors to determine whether Churchill is an arm of the Tribe, ClearNexus has conceded that Churchill is an arm of the Tribe. Additionally, Churchill’s articles of incorporation stated that “[t]he Corporation shall be wholly owned by the Tribe for the benefit of the Tribe and its members” and is clothed with the immunity of the Tribe. Therefore, we need not adopt a particular approach to determine this issue at this time, and we need not remand in order for the superior court to make this determination.

Federal Court Dismisses Wisconsin Oneida Suit over Renewable Energy

Matthew L.M. Fletcher

Here are the materials in Oneida Seven Generations Corporation v. City of Green Bay (E.D. Wis.):

10 Green Bay Motion to Dismiss

14 Opposition to 10

17 Reply

19 DCT Order

An excerpt:

Plaintiffs Oneida Seven Generations Corporation (OSGC) and Green Bay Renewable Energy, LLC, (GBRE) filed this action against the City of Green Bay pursuant to 42 U.S.C. § 1983 alleging the City violated their rights to substantive and procedural due process when the Common Council voted to revoke a conditional use permit it had granted only one year earlier. The case is before the Court on the City’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules for Civil Procedure. The City also contends that the complaint fails to allege facts showing GBRE has any interest or suffered any loss in the transaction and that OSGC lacks capacity to sue under the laws of the Oneida Nation under which it was chartered. For these reasons, as well, the City argues that the claims against it should be dismissed.

 

Contract Breach Action against Pinoleville Pomo Nation

Matthew L.M. Fletcher

Here are the materials so far in Forster-Gill Inc. v. Pinoleville Pomo Nation

First Amended Complaint

Motion to Quash

Opposition to Motion to Quash

Reply to Motion to Quash

Tenth Circuit Remands Great Plains Lending Dispute for Jurisdictional Discovery on Immunity Defense

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in Finn v. Great Plains Lending LLC.

Briefs and other materials here.

Federal Court Holds Contraband Cigarettes Trafficking Act Requirements Apply to Tribal Corporations

Matthew L.M. Fletcher

Here are the materials in Ho-Chunk Inc. v. Sessions (D.D.C.):

7 US Motion for Summary J

11-3 HCI Cross Motion

14 US Reply

16 HCI Reply

17 HCI Supplemental Brief

18 US Response to 17

20 HCI Reply in Support of 17

21 DCT Order

An excerpt:

Plaintiffs, tribal-owned corporations engaged in the distribution of cigarettes, seek a declaration clarifying whether certain recordkeeping requirements of the Contraband Cigarettes Trafficking Act apply to Indian tribal entities like them. The Court concludes that the relevant requirements do so apply, and will therefore grant summary judgment for Defendants.

DOI Consultation Notice on DOI Reorganization

Sarah M Donnelly

Download(PDF): Tribal Listening Sessions on E.O. 13871: Reorganization of the Executive Branch

Acting Assistant Secretary for Indian Affairs, Michael S. Black, invites Tribal leaders to attend one of the listed listening sessions to provide input on improving “efficiency, effectiveness, and accountability” at the Department of the Interior.

DATES

Note to Tribes Hoping for a Coal Comeback — Prepare for the Worst

Matthew L.M. Fletcher1 Comment

There’s a new report on the coal industry Indian country should be reading. It concludes, “President Trump’s efforts to roll back environmental regulations will not materially improve economic conditions in America’s coal communities.”

HT.