Interesting case from the International Centre for the Settlement of Investment Disputes, Burlington Resources v. Ecuador. One portion of the dispute centered on Ecuador’s alleged failure to prevent Indigenous peoples in the Amazon from interfering with the oil company’s oil exploration. The Centre held that it did not have jurisdiction over the matter.
Environmental
Asian Carp Caught Beyond Chicago’s Barriers
From the Traverse City Record-Eagle:
CHICAGO — An Asian carp was found for the first time beyond electric barriers meant to keep the voracious invasive species out of the Great Lakes, state and federal officials said Wednesday, prompting renewed calls for swift action to block their advance.
Commercial fishermen landed the 3-foot-long, 20-pound bighead carp in Lake Calumet on Chicago’s South Side, about six miles from Lake Michigan, according to the Asian Carp Regional Coordinating Committee.
Officials said they need more information to determine the significance of the find.
“The threat to the Great Lakes depends on how many have access to the lakes, which depends on how many are in the Chicago waterway right now,” said John Rogner, assistant director of the Illinois Department of Natural Resources.
But environmental groups said the discovery leaves no doubt that other Asian carp have breached barriers designed to prevent them from migrating from the Mississippi River system to the Great Lakes and proves the government needs to act faster.
“If the capture of this live fish doesn’t confirm the urgency of this problem, nothing will,” said Andy Buchsbaum, director of the National Wildlife Federation’s Great Lakes office.
Jim Olson to Receive Champion of Justice Award from Michigan State Bar
Quoting Mike Dettmer: “It is well deserved and long overdue recognition of a great advocate. And buy him a glass of tap water when you see him!”
James M. Olson
Previous Champion of Justice Award winners are here.
Te-Moak Shoshone Tribe Forces Reconsideration of BLM Approval of Cortez Gold Mines
Here is the Ninth Circuit’s opinion in Te-Moak Tribe of Shoshone Indians v. DOI.
An excerpt:
Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe (“the Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Mine Watch (“GBMW”) (collectively, “Plaintiffs”) appeal the district court’s denial of their motion for summary judgment, and the grant of summary judgment to the Department of the Interior (“DOI”), the Bureau of Land Management (“BLM”), several officers of the BLM, and intervenor Cortez Gold Mines, Inc. (“Cortez”) (collectively, “Defendants”). Plaintiffs contend that the BLM’s approval of Cortez’s amendment to a plan of operations for an existing mineral exploration project in Nevada violated the National Environmental Policy Act (“NEPA”), the National Historic Preservation Act (“NHPA”), and the Federal Land Policy and Management Act (“FLPMA”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm the district court with respect to Plaintiffs’ NHPA and FLPMA claims, and we reverse and remand for further proceedings with respect to one of their NEPA claims.
Tenth Circuit Vacates EPA’s Dependent Indian Community Determination in HRI v. EPA
Here is the opinion of the Tenth Circuit sitting en banc. Five judges dissented. [Updated link here.]
Here are the en banc supplemental briefs:
Navajo Nation Supplemental Brief
American Indian Law Profs Amicus Brief [The court denied the motion to file this amicus brief. See opinion at 25 n. 7]
Our posting on the panel decision is here.
Saginaw Chippewa Briefs Struck in Reservation Boundary Case as Not Being Timely
Here is the order: DCT Order Striking Sag Chip Briefs
The remaining materials are here.
Great Lakes Tribal Energy Workshop — June 22-23, 2010
EPA Visits Eagle Rock
BIG BAY, Mich. – As the top government official who oversees Great Lakes water quality stood on the edge of sacred Eagle Rock, overlooking a pristine expanse of the Yellow Dog Plains, she gained a better understanding about why the state-owned land is sacred to Michigan’s Ojibwa.
“I very much understand what their concerns are – and that is one of the things we are considering as we moved forward on this,” said Tinka Hyde, Water Division director for Environmental Protection Region 5. “We realize that Eagle Rock is of cultural and religious importance to the tribe.”
Hyde was one of three EPA regional bosses from Chicago and the agency’s tribal liaison for Michigan who were given a tour of the area May 13 by officials from the Keweenaw Bay Indian Community during a two-day visit to Michigan’s Upper Peninsula.
Members of numerous tribes including Ojibwa, Cherokee and Lakota had been camping at the base of Eagle Rock since April 23 in hopes of preventing Kennecott Eagle Minerals from building a nickel and copper sulfide mine – named the Eagle Project. At the company’s request, state and local police officers raided the encampment May 27 arresting two campers.
Under federal treaties, Ojibwa have rights to hunt, fish and gather on the state of Michigan owned land. The state leased the land to Kennecott with the understanding that all permits must be approved.
Hyde said any ruling the EPA makes about the withdrawal of state and federal permit applications by Kennecott subsidiaries will be based solely on environmental protection laws, primarily the 1974 Safe Drinking Water Act.
Briefing in Hoopa Valley Tribe Challenge to Klamath River Dam in D.C. Circuit
Here are the materials in Hoopa Valley Tribe v. FERC:
IPR on Eagle Rock Controversy
From IPR:
Listen
Photo courtesy of Yellow Dog Summer
Protestors of Michigan’s decision to permit underground mining at Eagle Rock near Marquette took petitions to the state capitol Thursday. Members of the Keweenaw Bay Indian Community say Eagle Rock is a sacred site to them, and a mine dug into the face of the rock will destroy it.
Eagle Rock is located on state land leased to Kennecott Minerals.
State law says mining operations have to take into consideration impacts to places of worship. But state officials ruled that places of worship means those located in a building such as a church.
Matthew Fletcher is an American Indian and professor of law at Michigan State University. He says any appeal of the state’s ruling about sacred places may not be a sure winner.
Listen to Bob Allen’s chat with Fletcher by playing the audio above.
Turtle Talk 
You must be logged in to post a comment.