Seattle Weekly: Fish vs. Farms on the Skagit Delta

Here.

An excerpt:

The Skagit delta farming system’s intricate rotation of some 80 vegetable and seed crops has been 150 years in the making. Dikes to keep the low-lying farmland dry and tide gates to prevent saltwater incursion into croplands are valuable to farmers, but not so much to Natives trying to revive salmon runs on the third largest American river on the contiguous West Coast.

The Swinomish Tribe’s priority is fish, not farms. And a century and a half of treaty law has put in their hands considerable power to press their case. In 1855, territorial Governor Isaac Stevens negotiated with western Washington tribes, trying to coax them into giving up millions of acres of land and retreat to reservations with prescribed boundaries. The Treaty of Point Elliott, signed by tribal leaders at a place later known as Mukilteo, included a guarantee of perpetual fishing rights. The treaty included this language: “The right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians in common with all other citizens of the Territory, and of erecting temporary houses for the purpose of curing them, together with the privileges of hunting, gathering roots and berries, and pasturing their horses on open and unclaimed lands.”

Update in Grand Canyon Skywalk Development v. ‘Sa’ Nyu Wa: Complete Ninth Circuit Briefing

Here are the briefs (argument is October 19, 2012):

GCSD Opening Brief

Sa Nyu Wa Answer Brief

GCSD Reply Brief

Lower court materials here.

NYTs on Fracking Controversy at Blackfeet

Here.

Blast from the Past: 2007 Tribal Motions in Early Stages of Colorado v. Cash Advance

Here:

Tribal Entities Brief re Contempt 2007

Tribal Entities Motion to Dismiss 2007

American Property Mgmt. Cal. SCT Petition for Review in Tribal Immunity Case

Here is the brief:

American Property Mgmt Petition for Review

Lower court materials here.

Western Sky Financial Effort to Litigate Maryland Consumer Investigation in Federal Court Fails

Here are the materials in Western Sky Financial LLC v. Maryland Commissioner of Financial Regulation (D. Md.):

DCT Order Remanding Case to State Court

Maryland CFR Motion to Dismiss

Western Sky Opposition

Maryland CFR Reply

Here is our post on the state court case, ongoing.

Tenth Circuit Affirms Dismissal of Title VII Claims against Tribal Corporation

Here is today’s opinion in Somerlott v. Cherokee Nation Distributors. Judge Gorsuch’s concurring opinion (starting at page 21) is a worthy read for tribal leaders and tribal counsel thinking about doing business outside of Indian country.

Briefs are here.

Excerpt here:

Tina Marie Somerlott appeals from the district court’s dismissal of her claims against CND, LLC (“CND”) for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). Somerlott brought federal employment discrimination claims against CND, alleging violations of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. After allowing  discovery by both parties, the district court concluded CND was immune from suit under the doctrine of tribal sovereign immunity and, therefore, dismissed Somerlott’s complaint in its entirety. Exercising jurisdiction pursuant to 28 U.S.C. § 1291,
this court affirms.

Federal Court Dismisses Business Defamation Action against Caddo Member

Here are the materials in Kelin v. Guy (W.D. Okla.):

DCT Order Dismissing Kelin Complaint

Guy Motion to Dismiss

Kelin Response

Guy Reply

Kelin Supplement

Briefs in In re Whitaker (Bucher v Dakota Finance Corp)

Here:

Trustee Brief

Tribal Brief

Trustee Reply

We posted the opinion here.

Bankruptcy Proceeding Involving Lower Sioux Indian Community and Dakota Finance Corporation

The opinion in Bucher v. Dakota Finance Corp; Dietz v. Lower Sioux Indian Community; Bucher v. Lower Sioux Indian Community (B.A.P. 8th Cir) is here.

The issue here is whether the filing of bankruptcy by Tribe members serves to make the debtors’ ongoing revenues from the Tribe available to the respective trustees for the benefit of their creditors. The Bankruptcy Court1 held that both the Tribe and Dakota Finance Corporation are protected by sovereign immunity and dismissed the adversaries as to those parties. The trustees appeal. For the reasons that follow, we affirm.