Seneca Nation of Indians v. Paterson Complaint

Referenced in this press release here.

Seneca Nation Complaint

Lake of the Torches EDC Brief in Wells Fargo Appeal

Here: LDF Brief

Opening brief and lower court materials here.

“Affiliate” of Alaskan Native Corporation Not Entitled to Title VII Exemption

Here are the materials in Fox v. Portico Reality Servs. Office (E.D. Va.):

Portico Motion for Reconsideration

Fox Opposition

Portico Reply

DCT Order on Reconsideration

The court’s first order holding the same thing (but sua sponte, and apparently without the benefit of any briefs, is here).

Skull Valley Band v. Davis Materials

Here are the briefs in this case (h/t Indianz):

Skull Valley Band DCT Order

Skull Valley Opening Brief

Government Reponse Brief

Skull Valley Reply

Opening Brief in Florida v. Seminole Tribe State Court Tax Case

Here: Florida Appellant Brief

Washburn Law Journal Symposium on Tribal Economies and Infrastructure

Here:

Tribal Nation Economics and Legal Infrastructure

Introduction

Articles

Exercising and Protecting Tribal Sovereignty in Day-to-Day Business Operations: What the Key Players Need to Know (395 KB PDF)
S. Chloe Thompson

America’s War on Tribal Economies: Federal Attacks on Native Contracting in the SBA 8(A) Business Development Program (184 KB PDF)
Helaman S. Hancock

Keeping the American Indian Rancher on the Land: A Socio-Legal Analysis of the Rise and the Demise of American Indian Ranching on the Northern Great Plains (241 KB PDF)
Raymond Cross

Indigenous (Ecological) Economics Remastered (177 KB PDF)
Valerie J. Phillips

Tribal Nations and Tribalist Economics: The Historical and Contemporary Impacts of Intergenerational Material Poverty and Cultural Wealth Within the United States (279 KB PDF)
Angelique EagleWoman (Wambdi A. WasteWin)

High Country News on the Southern Ute Tribe and Natural Resources

Here is the link to this article, “The Ute Paradox.”

A few excerpts:

* * *

Less than a century ago, the Southern Utes were barely hanging on, squeezed onto an unremarkable sliver of reservation land, a new and foreign way of life thrust upon them. Even as late as the 1950s, many had no running water or noticeable income. But today, as the bidding at the Superdome showed, the once-impoverished tribe is a financial powerhouse. With tribal businesses in 14 states, ranging from Gulf crude to upscale San Diego real estate, the 1,400 or so tribal members are, collectively, worth billions.

They didn’t strike it rich on casino gambling. Instead, the Southern Utes built their empire slowly, over decades, primarily by taking control of the vast coalbed methane and natural gas deposits that lie under their land. They’ve achieved cultural, environmental and economic self-determination through energy self-determination — a feat rarely accomplished, whether by Indians or non-Indians.

* * *

From this nerve center, the tribe’s energy arm has reached into at least eight other states. The real estate arm owns or invests in developments and buildings in Denver and its suburbs, the San Diego suburb of Oceanside, as well as Kansas City, Houston and Albuquerque. The tribe’s GF Private Equity portfolio — for which the tribe is reportedly seeking a buyer, so that it can concentrate more on oil and gas — includes biotech ventures and defense contractors. Closer to home, the tribe is developing Three Springs, a “new urban” community between the reservation boundary and Durango. To help launch it, the tribe donated land for a new Durango hospital, to serve as an anchor for as many as 2,200 new residential units. The tribe’s net worth now stands at somewhere between $3.5 billion and $14 billion.

The tribe also has its own environmental standards, which are as strong as or stronger than state or federal regulations, and it is on the brink of getting federal approval for its sovereign air quality code. The first of its kind in the U.S., the code will empower the Southern Utes to tighten air-quality standards and administer permits under the federal Clean Air Act. The tribe has put parts of the reservation off-limits to all drilling, and it’s partnered with Solix Biofuels to create an algae-to-biofuel facility on the reservation. It took control of the tribal medical clinic in order to improve care, built a state-of-the-art recreation center, and has a groundbreaking Ute language program in its school. The Southern Ute Community Action Program runs alcohol and substance abuse treatment centers, a senior center, and job-training programs. Every member has the option of accepting a full college scholarship from the tribe. And the Southern Utes continue to follow older traditions such as the Bear and Sun Dances, which draw huge crowds each summer.

* * *

Matthew Fletcher, director of the Indigenous Law Center at Michigan State University, says the tribal companies remain unique: Their money goes through the government, while a private corporation’s goes to profit-hungry stockholders. “The perception I’m trying to avoid is that the tribes are any old private enterprise and for-profit machine,” says Fletcher. The Southern Ute financial empire is not a corporation; it’s a government.

Continue reading

Tenth Circuit Affirms Dismissal of Muscogee (Creek) Tax Case under Eleventh Amendment

Here is the opinion in Muscogee (Creek) Nation v. Oklahoma Tax Commission.

Briefs are here.

Lower court materials here.

Challenge to Tribal Authority to Tax Non-Indians on Reservation Land

The case is Lanphere v. Wright (CA9, no decision yet), and is a part of Paul Matheson’s ongoing efforts to avoid tribal, state, and federal law (here and here).

Here are the materials in this case:

Lanphere DCT Order

Lanphere Opening Brief w addendum

Wright Response Brief

Lanphere Reply Brief

Will the Poor Economy Assist Tribes in Fighting National Labor Relations Board Jurisdiction?

Perhaps, given this information, via Indianz:

Foxwoods and the tribe, in their brief, claim that because only a “fraction” of the revenue from Foxwoods is available to the tribe after lenders are paid, a strike at Foxwoods would severely impact the tribe’s ability “to operate a tribal government and function as a sovereign entity.”

The record, however, does not support the claim, Kreisberg writes:

“In this regard, it is undisputed that the Employer (Foxwoods) has annual gross revenues in excess of $1 billion. … Therefore, even if the employer were to face a protracted strike, there is insufficient evidence to establish that it would lack sufficient revenues and/or capital to provide the Tribe’s 900 members, as well as employees and other visitors to the reservation, with any ‘essential’ public services.”

Didn’t Foxwoods just note concern about being able to pay its creditors? What’s in this record?