Here. Titled “Frozen Homeland.” The blurb: “How the Lac Vieux Desert tribe funds propane for its enrolled members when the tribe finds its homeland frozen in the harshest winter they’ve ever known.”
economic development
Supreme Court Declines to Review Old Section 81 Appeal
The Court declined to review Quantum Entertainment Ltd. v. Dept. of Interior. Order list here.
Lower court materials here.
Cert stage briefs:
Quantum Entertainment Cert Petition
Consumer Financial Protection Bureau Moves against Three Tribal Payday Lenders UPDATED
Here are the materials in Consumer Financial Protection Bureau v. Great Plains Lending LLC, Mobiloans LLC, and Plain Green LLC (C.D. Cal.):
1 CFPB CID Enforcement Petition
UPDATE:
“Considerations for Climate Change and Variability Adaptation on the Navajo Nation”
Julie Nania & Karen Cozzetto have published “Considerations for Climate Change and Variability Adaptation on the Navajo Nation,” a report coming out of the Getches-Wilkinson Center at CU Law.
The report pdf is here.
Ninth Circuit Affirms Interior’s Decision to Authorize Gold Mine on Mt. Tenabo
Here is the order in Te-Moak Tribe of Western Shoshone Indians of Nevada v. Dept. of Interior:
CA9 Unpublished Memorandum w Dissent
An excerpt from the dissent:
The BLM’s analysis of why E.O. 13007 did not apply was faulty for three reasons: the analysis failed to recognize that comments regarding the proposal did point to the area where the mine is being built as an area in which worship occurs; it demanded quantification of that use as a condition of Executive Order coverage, when no such quantification is necessary; and it required greater specificity of location than comports with Shoshone religious practices. As to the last point, to require greater specificity would interfere with Shoshone religious practices, as those practices appear to regard certain recognized natural areas, rather than specific set locations, as places for worship.
Briefs are here.
Suit against Lac Vieux Desert Band over Tribal Payday Lending
Here is the complaint in Decker v. RS Financial Services LLC (W.D. Okla.):
An excerpt:
1. This is a lawsuit to recover damages arising from the Defendants’ unconscionable loan/pawn finance charges, which are far in excess of any state’s usury limits.
2. Upon information and belief, RS Financial Services, LLC (“RS Financial”) and Sovereign Lending Solutions, LLC (“Sovereign”) are related entities owned and controlled by Defendant William McKibbin (“McKibbin”), and are in the business of making loans at usurious interest rates.3. Sovereign claims to be an arm of and affiliated with Defendant Lac Vieux Desert Band of Lake Superior Chippewa Indians (“Lac Vieux Tribe”), and to be afforded governmental sovereign immunity.
4. Upon information and belief, the Lac Vieux Tribe receives a fee for allowing Sovereign to claim this affiliation. However, even if the affiliation between Sovereign and the Lac Vieux Tribe was otherwise valid, the conduct alleged in this Complaint is not protected by governmental sovereign immunity.
NYTs Coverage of FTC v. AMG Decision (Tribal Payday Lending)
Internal Tribal Governance Dispute Dismissed by Federal Court
Here are the materials in Binger Operations LLC v. Edwards (W.D. Okla.):
32 DCT Order Granting Motions to Dismiss
An excerpt:
Binger Operations, LLC (“Binger”) filed this interpleader action against Brenda Shemayme Edwards, Phillip M. Smith, and the Caddo Tribal Council, seeking a determination of the respective rights of the defendants in interpleader (“defendants”) to receive oil and gas severance taxes. Both Mr. Smith and Ms. Edwards claim to be the Chairman of the Caddo Nation, and both have purported to file documents on behalf of the Caddo Tribal Council.1 Mr. Smith and, according to his/its motion, the Caddo Tribal Council, have moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subjectmatter jurisdiction. Ms. Edwards and, according to her/its response, the Caddo Tribal Council, have responded in support of the motion to the extent that it challenges this court’s jurisdiction. Binger has responded, and the motions are at issue.
FTC Wins Another Motion in Suit against Various Tribal Payday Lenders
Here are the updated materials in Federal Trade Commission v. AMG (D. Nev.):
559 DCT Order Adopting MJ Report
Prior post in this part of the litigation is here. The post related to the partial settlement is here. Other posts are here and here.
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