economic development

Florida Appellate Court Affirms Tribal Corporation’s Immunity from Suit

Matthew L.M. Fletcher

Here is the opinion in MMG LLC v. Seminole Tribe of Florida Inc.

An excerpt:

MMMG, LLC and Mobile Mike Promotions, Inc. appeal the involuntary dismissal of their complaint against a federal tribal corporation affiliated with the Seminole Tribe. We affirm the dismissal because the tribal corporation enjoyed sovereign immunity from suit, which was not effectively waived according to the procedure required in the corporation’s charter and bylaws.

Given the long history of exploitation of Native Americans, Congress has enacted statutes designed to protect tribes and tribal corporations. These statutes have been construed by federal and Florida courts as placing the onus on the non-tribal party to ensure that any waiver of sovereign immunity be executed in strict compliance with applicable tribal operating documents; common law doctrines such as apparent authority do not override the protection provided by federal law.

Briefs in the case: MMMG’s initial brief, Seminole’s answer, and MMMG’s reply.

Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

Matthew L.M. Fletcher

Here is the opinion in Protect Our Communities v. Jewell.

From the syllabus:

The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.

Briefs:

POC Opening Brief

Backcountry Against Dumps Opening Brief

Answer Brief

POC Reply

Related lower court materials here.

 

Oral Argument Video in CFPB v. Great Plains Lending

Matthew L.M. Fletcher

Here. Audio here.

Briefs here.

Lower court materials here.

 

Nebraska State Bar Indian Law Section CLE

Sarah M Donnelly

Nebraska Bar ILS CLE

The Nebraska State Bar Indian Law Section will be hosting an Indian Law CLE that will focus on Indian Law 101 information for jurisdiction, ICWA, and tribal court practice.

The CLE will be webcast, so other attorneys from other states can register and gain CLE credit.

Update in Massive Suit against Plain Green, Owned by Chippewa Cree at Rocky Boy’s

Matthew L.M. Fletcher

Here are selected materials in Gringras v Rosette (D. Vt.):

66 Plain Green Motion to Dismiss or Compel

85 Response

92 Plain Green Reply

122 DCT Order

Army Corps of Engineers Rejects Gateway Pacific Terminal

Sarah M Donnelly

Download Memorandum for Record here.

The Corps has denied the permit to build a coal export facility near Cherry Point after deciding the impact to Lummi Nation fishing would violate their treaty rights.

Bigotry, Calls for Violence, Follow Protest of Tribal Treaty Fishing

Sarah M Donnelly1 Comment

Link to article by Charles Tanner Jr. on IREHR’s website here.

Ante Up: Pojoaque Pueblo is the last holdout in a fight over the state’s cut of gaming revenues

Sarah M Donnelly

Link to Santa Fe Register article by Steven Hsieh here.

ROW Claim Against City in Santa Clara Pueblo Negotiation Dispute

Sarah M Donnelly

Download complaint in United States v. City of Española, 16-cv-00391 (D. N.M.) here.

The DOJ is using its authority as trustee under the Indian Right-of-Way Act to sue the City of Española over expired easements for water and sewer systems.  Much of the City is on the Pueblo and both the City and the Pueblo rely on the infrastructure the City provides, but the grants expired in 1994 and 2002.  The federal government claims the City is trespassing and seeks monetary damages and ejection if the City cannot negotiate settlement.