Federal Court Remands Missouri Case against Martin Webb Pay Day Lenders Back to State Court

Here are the materials in State of Missouri v. Webb (E.D. Mo.):

DCT Order Remanding Mo. Complaint to State Court

Webb Motion to Dismiss

Mo. Opposition to Motion to Dismiss

Webb Reply

Mo. Motion to Remand

Webb Opposition to Motion for Remand

Huron Nottawaseppi Purchased Management Contract of Firekeepers Casino

From the Battle Creek Enquirer:

As of Friday, FireKeepers Casino’s owners have taken over its day-to-day operations — more than four years sooner than planned.

The Nottawaseppi Huron Band of the Potawatomi today announced that it had closed on the $97 million purchase of the casino’s management contract with Full House Resorts Inc.

The contract buyout is part of a $385 million refinancing package that will be used to pay outstanding bonds and loans for development and operation of the casino’s new hotel and events center, according to a statement from the tribe.

***

The refinancing deal was carried out with Bank of America Merrill Lynch, whose managing director, Jeff Carey, was credited in the statement with creating a refinancing model that “was very complementary and conducive for a Native American owned and operated gaming business.”

Mashantucket Pequot Prevails in Tax Dispute with Town of Ledyard et al.

Here is the order.

Available briefs are here.

Federal Court Decides “Old Section 81” Case — Quantum Enter. v. Interior

Here are the materials in Quantum Entertainment Ltd. v. Dept. of Interior (D. D.C.):

Quantum Entertainment Complaint

Exhibits

Interior Motion for Summary Judgment

Quantum Motion for Summary Judgment

DCT Order Affirming IBIA Decision

WSJ on the Grand Canyon Controversy

Here. Or just go to Google news and enter “hualapai grand canyon”.

An excerpt:

The legal battle is testing the limits of business partnerships between tribes and non-Indians and is pitting tribal government leaders against one another. At stake are future profits of the lucrative Skywalk and at least $10 million in profits that the bridge has accumulated—now locked in an escrow account while the tribe fights with Mr. Jin.

“Our business is being destroyed by a handful of self-interested [tribal] government officials who are stealing our business and trampling our rights” said Troy Eid, a lawyer for Mr. Jin and former U.S. attorney for Colorado.

The tribe argues that it is Mr. Jin who “makes a promise, breaks it, then changes his story,” said Paul Charlton, the tribe’s lawyer and former U.S. attorney in Arizona.

Federal Agent Affidavit in United Auburn Community Fraud Case

Here.

News coverage here, via Pechanga.

Materials in Challenge to Designation of New Mexico’s Mt. Taylor as Cultural Property

Here are the materials in Reyellen Resources Inc. v. New Mexico Cultural Properties Review Committee:

2011-02-04 Rayellen Resources v. NM CPRC dist ct dcn

2012-03-08 NMCA order certifying Mt. Taylor TCP to NMSC

An excerpt from the trial court opinion:

Petitioners, variolls surface and mineral owners, filed a First Amended Petition for Writ of Certiorari challenging the Respondents’ listing of “more than 700 square miles spanning portions of three New Mexico counties encompassing the entirely of Mt. Taylor–from its peak to its surrounding mesas–as a traditional cultural property on the New Mexico State Register of Cultural Properties.” Respondents herein are the New Mexico Cultural Properties Review Committee. Alan “Mac” Watson, individually and as Chairman oflhe Cultural Properties Review Committee and the Pueblo of Acoma, will be hereinafter collectively referred as “Respondents”. This Court granted certiorari and now reverses and remands tor the reasons stated below.

Little River Band Ottawa Signs Second Collective Bargaining Agreement Under Tribal Law

(March 22, 2012) Manistee, MI                                             

Second Collective Bargaining Agreement Signed under Tribal Law

The Little River Casino Resort and the United Steelworkers Union have entered into a collective bargaining agreement covering slot machine technicians.  This is the second collective bargaining agreement entered into by the Resort and the Union under tribal law.  The first, involving the Resort’s security guards, was signed in December, 2010.

“Like our first agreement, this is the product of hard work and long negotiations,” said Tom Davis, General Manager at the Resort.  “It reflects a lot of give and take from both sides of the bargaining table.”

In 2007, the Band enacted a law governing labor unions and collective bargaining modeled on state labor relations laws.  The law allows collective bargaining within the Band’s governmental operations, which includes its gaming operations at the Little River Casino Resort.  It requires unions to hold a license from the Band, and it provides a structure for resolving unfair labor practice charges.  “In designing our law, we found there was much to learn from the way state governments regulate collective bargaining in the public sector,” said Tribal Council Speaker Stephen Parsons. “In the end, however, this law reflects the unique values of our Ottawa community.”

Few Indian nations have laws governing collective bargaining. The short list includes the Navajo Nation and the Mashantucket Pequot Tribal Nation.  “We decided that it was in the best interests of our community to give employees the right to bargain collectively,” explained Parsons. “As a sovereign tribal government, we have authority to grant employees those rights.” he said.

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Federal Court Denies Ex Parte TRO in Tribal Court Jurisdiction Matter

Here are the materials in Admiral Ins. Co. v. Blue Lake Rancheria Tribal Court (N.D. Cal.):

Admiral Motion for TRO

Exhibits Part 1

Exhibits Part 2

Exhibits Part 3

DCT Order Denying Admiral TRO

From the order:

Admiral seeks a TRO enjoining the Defendants from exercising tribal court jurisdiction over Admiral and conducting any further proceedings against Admiral. Proposed Order, ECF No. 10-4. Admiral argues that a TRO “is needed in order to preserve the status quo so that the jurisdictional issues can be determined first. If this request is not granted, Admiral is forced to submit to the jurisdiction of the Tribal Court without due process or be subject to sanctions for failing to file a substantive motion on whether Admiral owes a duty to defend and indemnify WRI and have a motion for summary judgment be pending against it to which it cannot oppose, since an opposition would be viewed as subjection to the Tribal Court’s jurisdiction.” TRO Appl. 7

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Diné CARE National Parks Conservation Association v. EPA Complaint: Clean Air Act Suit regarding Navajo Coal

Here is the complaint, filed in D.C.:

Diné CARE Complaint

An excerpt:

1. The federal Clean Air Act requires the Administrator of the United States Environmental Protection Agency (“Administrator” or “EPA”) to promulgate modern pollution control limits at the massive Navajo Generating Station (“NGS”) and Four Corners Power Plant (“Four Corners”), located on Navajo tribal lands in Arizona and New Mexico, to remedy unhealthful, scenery-impairing air pollution in protected national parks and wilderness areas in the American Southwest. Because EPA has failed to promulgate such pollution control limits without unreasonable delay, Plaintiffs bring this action to secure an order from the court that directs EPA to issue haze-reducing pollution control limits at NGS and Four Corners forthwith.
2. In particular, this Clean Air Act Section 304(a) citizen suit, 42 U.S.C. §7604(a), seeks an order compelling EPA to perform its nondiscretionary duties by date or dates certain to promulgate federal implementation plans (“FIPs”) establishing Best Available Retrofit Technology (“BART”) for NGS and Four Corners. EPA’s failure to perform these duties within a reasonable time has deprived Plaintiffs’ members of health, welfare, and procedural protections provided by the Clean Air Act.