Brief of Amicus Curiae National Congress of American Indians et al., in Exxon Shipping Co. v. Baker (No. 07-219).
Other briefs in this case are here.
Environmental
U.S. v. Gonzales et al. — Makah Whalers — Hearing re Pre Trial Motions
In response to the pre-trial motions that have been filed, the district court will hear these motions on February 19 and 20, 2008. There will be a full evidentiary hearing on these motions. The court also granted the Makah Tribe’s motion for leave to appear as amicus in this case.
U.S. v. Gonzales et al. — Makah Whalers — Up to Date Materials
The Makah whaling case in federal court is turning into a very interesting discussion of whaling treaty rights and federal criminal procedure.
Here are the current materials in United States v. Gonzales, et al., No. CR 07-5656 JKA (W.D. Wash.):
Makah Tribe Proposed Amicus Brief in Federal Whaling Prosecution
The Makah Nation has filed a motion for leave to file an amicus brief in the United States v. Gonzales whaling prosecution. Here are the materials, including Defendant Noel’s opposition to the motion:
Makah Tribal Court Whaling Trial Delayed
From Indianz:
Makah Nation delays trial for unauthorized hunt
Monday, January 21, 2008
The Makah Nation of Washington has delayed a trial for five members accused of an illegal whale hunt.
Winters Centennial Conference — Santa Anna Pueblo — June 9-12, 2008
THE WINTERS CENTENNIAL:
WILL ITS COMMITMENT TO JUSTICE ENDURE?
June 9-12, 2008
Hyatt Regency Tamaya — Santa Ana Pueblo, New Mexico
The year 2008 marks the centennial of Winters v. United States, in which the Court formulated the reserved water rights doctrine now broadly asserted by Indian tribes and federal agencies. The decision, because of its enduring promise of justice to Native Americans, marks one of the great achievements of American jurisprudence. The decision made possible the continuity of many Indian communities and non-Indian communities alike, along with the protection of important environmental resources. Now, one hundred years later, the question is whether the promise of Winters will be fulfilled. In celebration of the Winters Centennial, the Utton Transboundary Resources Center and the American Indian Law Center will convene a major symposium in June 2008 along the waters of the Rio Grande near Albuquerque. The symposium will review the legal and cultural history of the decision, assess the contemporary consequences of the reserved water rights doctrine (both nationally and internationally), and project the significance of Indian water rights into the 21st Century. The goal of the symposium is to assemble Indian reserved rights policy makers and decision makers at all levels in order to deepen the understanding of the effect of Winters and to advance the dialogue regarding the future role of reserved rights.
Klamath Irrigation District v. US (CAFed) Materials
Here are the materials in the big Klamath River case, which may be settled (unless the tribal opposition to a settlement succeeds):
Opening Brief [not available]
Hoopa Press Release re: Klamath River Proposal
Media Contacts: Clifford Lyle Marshall (530) 625-4211 ext. 161
Mike Orcutt (530) 625-4267 ext. 13
Tom Schlosser (206) 386-5200
HOOPA VALLEY TRIBE REJECTS KLAMATH RIVER DEAL BECAUSE IT
LACKS ASSURED WATER FOR FISH
Hoopa, Calif. – The Hoopa Valley Tribe of northern California will not endorsethe latest draft of the Klamath River Basin Restoration Agreement (KRBRA) because the agreement lacks adequate water assurances for fish. Despite being in the minority among the negotiators, Tribal Chairman Clifford Lyle Marshall said Hoopa would never waive its fishery-based water rights, as demanded by federal and other negotiators, in a deal providing no assurances for fisheries restoration.
NYTs Article on Klamath Dam Removal
From the NYTs:
Deal on Dams on Klamath Advances
Bitter opponents over the future of the Klamath River unveiled a formal agreement on Tuesday to pave the way for removal of four aging hydroelectric dams that re-engineered the watershed and sharply decreased fish stocks.
U.S. v. Gonzales et al. — Makah Whalers — Update
We previously published the indictment here. There have been two motions to dismiss the indictment and a motion to suppress evidence. There has been no federal response yet. Here are those materials:
Defendants Motion to Dismiss Count 1
Turtle Talk 
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