NYTs Article on Inupiat Village “Torn” by Oil Drilling Proposal

Here.

More Bad Press on Tribal Payday Lending Companies

Here, via Indianz.

Two points on payday lenders that should be apparent by now:

1. Read the Nebraska Supreme Court decision in StoreVisions v. Omaha Tribe, where the court held that tribal immunity was waived where the tribal chair and vice chair signed a waiver document (without constitutional authority to waive immunity) in the presence of other council members, and which the court held the presence of the other council members was sufficient to waive tribal immunity. Courts will find a way to find a waiver.

2. Read David Fredericks’ rendition (pp.217-18) of the oral argument before the U.S. Supreme Court in C&L Enters. v. Citizen Potawatomi, where the Court directly asked the CPN attorney about the way tribes view immunity, and the deeply off-put reaction from the Court by the answer. In fact, here is that exchange (well worth the read):

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Osage Nation v. Wind Capital Group Complaint

Here:

Complaint

A suit to stop construction and operation of wind turbines on top of the Osage mineral estate.

Omaha Tribe v. StoreVisions Cert Petition

Filed yesterday, I’m told:

Omaha Tribe Cert Petition

Question presented:

Is apparent authority sufficient to bind an Indian tribe to a waiver of the tribe’s federally protected sovereign immunity, when the purported waiver is executed by a tribal official acting outside the scope of his actual authority?

Lower court materials are here.

Federal Court Decides U.S. v. Washington Shellfish Implementation Plan Dispute Between Squaxin and Private Geoduck Farmers

Here is that opinion:

DCT Order

 

Federal Court Denies Injunction Requested by Gas Station Opposing Tribal Gas Prices

Here are the materials in Salton Sea Venture, Inc. v. Ramsey (S.D. Cal.):

DCT Order Denying PI

Salton Sea Motion for Injunction

Ramsey Response

Salton Sea Reply

Maryland Agency Wins Bid to Review Actions of Cheyenne River Sioux Reservation-Based Payday Lender

Here are the materials is Maryland Com’r of Financial Regulation v. Western Sky Financial LLC (D. Md.):

DCT Order Granting Remand to Agency

Western Sky Motion to Dismiss

MCFR Motion to Remand

MCFR Opposition to Motion to Dismiss

Western Sky Opposition to Motion for Remand

MCFR Reply

Western Sky Reply

Ninth Circuit Dismisses James Parks’ Discrimination Complaint against Tulalip

Here is the unpublished opinion in Parks v. Tulalip Casino Resort.

Lower court materials are here.

SCIA Hearing on E-Commerce: Written Testimony

Here:

Panel #  1

Mr. Geoffrey Blackwell
Chief
Office of Native Affairs and Policy, Consumer and Governmental Affairs Bureau, Federal Communications Commission, Washington, DC

Dr. Howard Hays M.D., M.S.P.H.
Acting Chief Information Officer
Indian Health Service, US Department of Health and Human Services, Washington, DC

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Native Wholesale Supply Loses Tax Case to Federal Government

Here are the materials in United States v. Native Wholesale Supply (W.D. N.Y.):

DCT Order In US v NWS

US Motion for Summary Judgment

NWS Motion for Summary Judgment