Federal Court Dismisses Endangered Species Act Challenge to Navajo Coal Permit under Rule 19

Here is that order:

CBD v. Pizarchick Rule 19 Order

Materials are here.

Federal Trade Commission Amended Complaint against Martin Webb’s Payday Financial Entity

Here is the complaint in FTC v. Payday Financial LLC (D. S.D.).

Other docs are here at the FTC site:

March 7, 2012

September 12, 2011

FTC & US Financial Protection Bureau Has Tribal Payday Lenders in Their Sights

Here, via Pechanga.

Important, because of course tribes do not have immunity from federal government subpoenas….

Kyle Whyte on Indigenous Peoples and Solar Radiation Management

Kyle Whyte has posted “Indigenous Peoples, Solar Radiation Management, and Consent,” available in REFLECTING SUNLIGHT: THE ETHICS OF SOLAR RADIATION MANAGEMENT (2012). Here is the abstract:

Funding research on solar radiation management (SRM) is now a policy option for responding to climate change due to the perception that international abatement efforts are creeping along too slowly. SRM research presents a range of problems concerning consent for Indigenous peoples. Indigenous peoples’ landscapes may risk rapid, unforeseen changes that will force communities either to respond under great hardship or migrate elsewhere. Since the science and engineering behind SRM are esoteric to non-experts, legitimate concerns arise about transparency and procedural justice. Indigenous peoples may also contest the very idea of human “control” of global temperatures. In this paper, I will examine what it would take for parties interested in funding, designing, and carrying out early SRM research to fairly respect members and leaders of Indigenous peoples in their current discourses. Ethical concern is warranted. Indigenous peoples have yet to be addressed responsibly about their possible consenting and dissenting views on early SRM research. There is little to no identifiable commitment to establish substantive fora or events for Indigenous peoples to engage with others about whether such research should be conducted in the first place and, if so, what to research and how to conduct empirical inquiries. Policy makers, experts, and private citizens of the developed world have a heavy moral burden to bear if they progress toward early SRM research without engaging in consent processes with Indigenous peoples. I begin in section 2 by claiming that the (arguably dominant) lesser of two evils argument for early SRM research can be construed as invaliding any potential dissenting views of Indigenous peoples. I deepen this claim in section 3 by showing how this argument resembles an argument that has been used throughout history to silence Indigenous peoples from meaningful consent or dissent. I then move on in section 4 to cover the scant literature that suggests possible consent processes for early SRM research. The common theme in this literature is that any fora or events for convening Indigenous peoples regarding SRM research should occur after research has been planned and even begun — thereby defeating the purpose of consent processes altogether. Consent or dissent after the fact is meaningless. In section 5, I argue that consent processes acceptable to Indigenous peoples must be based on partnership and include the following two requirements. First, Indigenous peoples should contribute actively to conversations about how to structure the consent processes in which they would participate. Second, in their interactions with Indigenous peoples, proponents of early SRM research are responsible for addressing them as sovereigns of their territories — despite the colonial conditions in many nations that frustrate Indigenous peoples’ political independence.

Testimony in House Resources Committee Hearing on Tribal Empowerment Act (This is about Alaskan oil, right?)

Here:

Subcommittee on Indian and Alaska Native Affairs Legislative Hearing on H.R. 3973          Wednesday, February 15, 2012 2:00 PM

SUBCOMMITTEE ON INDIAN AND ALASKA NATIVE AFFAIRS 1324 Longworth House Office Building Wednesday, February 15, 2012 2:00 p.m.

LEGISLATIVE HEARING ON:

  • H.R. 3973 (Young-AK), To facilitate the development of energy on Indian lands by reducing Federal regulations that impede tribal development of Indian lands, and for other purposes.

OPENING STATEMENT:

The Honorable Paul GosarActing Committee Chairman

WITNESSES AND TESTIMONY: Continue reading

More Grand Canyon Skywalk Materials

Here:

Notice of Voluntary Dismissal

Affidavit of Chairwoman Benson

Declaration of Ted Quasula

02.29.2012 Letter from Sheri Yellowhawk

Oneida CEO Ray Habritter on Fox News

Here.

Federal Court Asks for Additional Briefing re: “Bad Faith” Exception to Tribal Court Exhaustion Doctrine in Grand Canyon Skywalk Case

Here is yesterday’s order:

DCT Order 2-28-12

The court stated:

On the day before oral argument, Plaintiff filed a supplemental statement of facts, including thirteen new exhibits, purportedly showing bad faith on the part of the tribe. Doc. 21. Plaintiff asserted for the first time at oral argument that this new information and the proffered testimony from the chairwoman of the tribal council would show that the bad faith exception applies. See Redwolf, 196 F.3d at 1065 (a party is exempt from exhausting its claims in tribal court where “an assertion of tribal jurisdiction is motivated by a desire to harass or is conducted in bad faith”).

By raising this issue at the last minute, Plaintiff has provided the Court with no briefing on the contours of the bad faith exception and has afforded Defendants little meaningful opportunity to respond. The Court cannot conclude that the bad faith exception applies on such an incomplete record. Because Plaintiff’s bad faith argument appears to be colorable, the Court will afford the parties an opportunity to brief the issue. The parties should address relevant case law on the bad faith exception, what evidentiary showing of bad faith is required, and the evidence each side claims in support of its position. Because time is important in Plaintiff’s claim, the Court will require the briefing in short order.

Materials are here:

Motion for TRO and Complaint

Hualapai Opposition

Supplement to Opposition to TRO

Update in Grand Canyon Skywalk Controversy (Another One)

Here:

Supplement to Opposition to TRO

News Article

Update in Alaska Native Challenge to USFWS Designation of Critical Habitat for the Polar Bear

Here are the new materials (excluding all the oil and gas industry briefs):

Alaska Native Motion for Summary J

US Response to Motion for PI