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.

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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?

Federal Court Declines to Dismiss Title VII Suit against Company Owned by Alaskan Native Corporation

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

Portico Motion

DCT Order in Denying Motion

Golden Feather Smokeshop Defendants Held in Civil Contempt

Here is the order: Order on Civil Contempt

Seneca Business Wins TRO against Enforcement of PACT Act

Here’s the short opinion in Red Earth LLC v. United States (W.D. N.Y.): Order – TRO (06-28-10).

And here’s the motion: Red Earth Motion for TRO

Little River Withdraws Petition for Land into Trust, Will Likely Resubmit

From 6/25/10 MIRS (subscription only):

Feds Nix Indian Casino Expansion, For Now
At least for the time being, the U.S. Department of the Interior delayed a Michigan Native American tribe’s plan to move forward with a casino project near the site of the now-defunct Great Lakes Downs Racetrack near Muskegon.

The Little River Band of Chippewa Indians wants to open a casino on the Great Lakes Downs location. The tribe was one of the four tribes that compacted with the state in 1998 for the right to operate class III (Las Vegas style) casinos. It currently operates a casino in Manistee.

Because the location is not within current tribal boundaries, there are several hurdles the tribe would need to clear in order to operate a casino at the Muskegon site. One hurdle has already been cleared. On March 19, Gov. Jennifer GRANHOLM signed two amendments to the state’s compact with the Little River band that would let it build the new casino.

The Governor attached her signature after a deal was negotiated between her administration and the tribe.

“It would mean considerable revenues,” John WERNET, deputy legal counsel told MIRS today. “The good news would be that this would mean more dollars for the School Aid Fund (SAF). The bad news is that this would take years before it happened.”

The next step would be to have the Legislature approve one of the amendments. This is HCR 0054, sponsored by Rep. Doug BENNETT (D-Muskegon), which is currently before the House Regulatory Reform Committee.

Meanwhile, the other amendment to the compact was sent to the U.S. Department of Interior for approval. That’s where the project hit a roadblock.
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Ninth Circuit Allows EEOC Claim against Peabody Coal to Proceed; EEOC and Navajo May Seek Injunctive Relief

Ah, Rule 19!

Here is Judge William Fletcher’s opinion in EEOC v. Peabody Coal. Here are the briefs.

And supplemental authority filed by the Navajo Nation: Austin v Andrus Brief.