Navajo Nation to Offer Bonds

Bloomberg Businessweek article here. An excerpt

The largest American Indian tribe, the Navajo Nation, plans to issue its first bonds in a $120 million offering that would be the biggest sale of nongaming tribal debt in at least a decade. The tribe intends to use the money to create thousands of jobs and stimulate the economy on its reservation in America’s Southwest. Despite the Navajo Nation’s energy revenue, more than 37 percent of the reservation’s 170,000 residents lived below the federal poverty level in 2009. “I am concerned with the time when we won’t have revenues from our natural resources,” said Katherine Benally, head of the Navajo Nation Council’s resources and development committee, while taking a break from a council budget session in Window Rock, Ariz. “We need to be ready for that.”

and

The Navajo bonds will be sold to institutional investors in a private placement as soon as yearend and will likely include both taxable and tax-exempt debt, says Goe, the bond counsel. The Navajos intend to seek investors willing to settle disputes in tribal courts, a first for a bond issue, Goe says. Clarkson says the requirement “would be a reaffirmation of the legitimacy of tribal courts—this time from the financial market.” Yet it may also make the issue harder to sell. Lyle Fitterer, who helps oversee $26 billion of municipal bonds at Wells Capital Management in Menomonee Falls, Wis., says the tribal-court stipulation “is one more hurdle in terms of investing in a deal like this” and could lead to the Navajos paying higher rates.

NLRB Motion to Dismiss Saginaw Chippewa Indian Tribe Complaint

Here:

NLRB Motion to Dismiss

The complaint and related materials are here.

Saginaw Chippewa Indian Tribe Sues NLRB

Here are the materials in Saginaw Chippewa Indian Tribe v. National Labor Relations Board (E.D. Mich.):

SCIT Complaint

SCIT Motion for Preliminary Injunction

TT’s own Andrew Adams is co-counsel on this one.

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):

Continue reading

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