Here: Appellants Opening Brief.
Lower court materials here.
Opening Brief in Chehalis Tribes v. Thurston County
Here: Appellants Opening Brief.
Lower court materials here.
economic development
New Scholarship on Tribal Economic Development (and Solar Power)
Ryan David Dreveskract will publish his article, “Native Nation Economic Development Via the Implementation of Solar Projects: How to Make it Work,” in the Washington & Lee Law Review (article here: Dreveskracht Article). It is also accessible on SSRN here. Here is the abstract:
This Article examines the issues surrounding sustainable economic development in American Indian country via the implementation of solar energy projects. Section II addresses Native American economic development, generally, focusing on Indian gaming, practical sovereignty, capable institutions, and cultural match. Section III discusses solar energy projects: the benefits of solar energy when compared to other types of energy production; the ways that these projects will benefit Indian country, specifically; and the rationale behind implementing solar energy projects as a means to sustainable economic development in Indian country. In arguing for the implementation of solar energy projects, Section III of the Article also provides instruction for the realization of these projects by tribes and state/federal regulatory/legislative bodies. Finally, having argued for and laid out a framework for economic development via solar projects, Section IV offers concluding remarks.
Warm Springs Suit against Bond Insurer Fails
Here are the materials in Confederated Tribes of the Warm Springs Reservation of Oregon v. Ambac Assurance Corporation (D. Or.):
Colorado Supreme Court Largely Affirms Tribal Immunity in Cash Advance Decision
Here is the opinion. Briefs are here and here.
And here is the Court’s syllabus:
In this tribal sovereign immunity case, the Colorado Supreme Court affirms the court of appeals’ decision to remand the case to the trial court to determine whether Cash Advance and Preferred Cash Loans act as arms of the Miami Nation of Oklahoma and the Santee Sioux Nation, respectively, such that their activities are properly deemed to be those of the tribes. As an initial matter, the court holds that tribal sovereign immunity applies to judicial enforcement of state investigatory actions, including this state investigative subpoena enforcement action. Because the trial court arrived at a contrary conclusion, a remand is necessary to determine whether Cash Advance and Preferred Cash Loans are arms of their respective tribes such that their activities are properly deemed to be those of the tribes.
In determining whether Cash Advance and Preferred Cash Loans are arms of their respective tribes, the trial court shall consider the following three factors: (1) whether the tribes created the entities pursuant to tribal law; (2) whether the tribes own and operate the entities; and (3) whether the entities’ immunity protects the tribes’ sovereignty. The state bears the burden of proving, by a preponderance of the evidence, that Cash Advance and Preferred Cash Loans are not entitled to tribal sovereign immunity.
Additionally, the supreme court disagrees with the court of appeals’ determination that tribal sovereign immunity does not extend to tribal officers engaged in conduct allegedly violating state law. Instead, the appropriate determination with respect to individual tribal officers is whether they acted within the scope of their lawful authority, as defined by the tribe and limited only by federal law.The supreme court further disagrees with the court of appeals’ to the extent it would recognize a waiver of sovereign immunity that is not explicit and unequivocal. The court of appeals directed the trial court to look for a waiver of tribal sovereign immunity in a broad range of sources, including a contractual arbitration clause between Cash Advance or Preferred Cash Loans and Colorado customers. The court, however, finds it unlikely that an explicit and unequivocal waiver of tribal sovereign immunity would be found in such an arbitration clause.
Tribes exploring trade partnerships with Turkey
Here’s the Seattle Times article and an excerpt:
Native American businessmen are increasingly seeking global business partnerships to create jobs and new businesses in their territories. They have held talks with Chinese, Spanish and Australian companies, but their tribal leaders’ trip to Turkey was the first large-scale overseas exploration of new trade ties, they said.Lincoln McCurdy, president of the Turkish Coalition of America, which organized the trip, said Thursday that the Native American tribes belong to sovereign nations that can strike their own trade deals and offer special tax incentives.
“Native Americans are becoming global minded,” said McCurdy, adding that they already have held talks with foreign companies to do business in telecommunications and mining industry, including copper.
The delegation, representing 17 tribes from at least 10 U.S. states, has been welcomed by the Turkish government, which wants to bolster trade ties with the United States, a key ally and Turkey’s seventh largest trading partner.
Briefs in Big Immunity Case Involving Sault Tribe in Mich. COA
IRS Seeking Indian Tax-Exempt Bonds Advisory Committee
Here is the posting: IR-2010-109
Federal Court Denies Seneca Nation Motion for Preliminary Injunction in Tax Collection Case
Here is the opinion: DCT Denying SNI Motion for Preliminary Injunction
The court issued a stay pending appeal.
Seneca Telephone v. Miami Tribe Materials
We reported several days ago about the tribal immunity case, Seneca Telephone v. Miami Tribe (Okla. Civ. App.). Here are the materials we’ve been able to gather so far:
Update (1/18): Miami Tribe Brief in Chief
Scholarship on the link between economic progress and evironmental regulation in Indian country
Here’s an article by Daniel Watts arguing that tribes’ economic progress is tied to environmental law and policy.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1687376
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