Burt Lake Band Attempting to Re-open Federal Recognition Suit

Here are the new materials in Burt Lake Band of Ottawa and Chippewa Indians v. Haaland (D.D.C.):

63-1 Burt Lake Motion

Docket No. 64: MINUTE ORDER. Federal courts are courts of limited jurisdiction and the law presumes that “a cause lies outside this limited jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also Gen. Motors Corp. v. EPA, 363 F.3d 442, 448 (D.C. Cir. 2004) (“As a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction.”). Subject matter jurisdiction may not be waived, and “courts may raise the issue sua sponte.” NetworkIP, LLC v. FCC, 548 F.3d 116, 120 (D.C. Cir. 2008), quoting Athens Cmty. Hosp., Inc. v. Schweiker, 686 F.2d 989, 992 (D.C. Cir. 1982). Indeed, a federal court must raise the issue because it is “forbidden… from acting beyond [its] authority, and ‘no action of the parties can confer subject-matter jurisdiction upon a federal court.'” Id., quoting Akinseye v. Dist. of Columbia, 339 F.3d 970, 971 (D.C. Cir. 2003). In connection with the 63 Motion to Rule Upon Constitutional Claims and For Permanent Injunction, then, plaintiff must show cause by January 6, 2023 why the question of the validity of the proposed rule would be ripe at this time, and why the Court has subject matter jurisdiction to consider the constitutional issues when there is no live controversy before it. The 2015 rule has been vacated but its replacement has not yet been promulgated, so plaintiff must explain why it is not simply seeking an advisory opinion. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/23/2022. (lcabj2) (Entered: 12/23/2022)

65 Burt Lake Response

66 Interior Response

Prior post here.

Washington Federal Court Keeps Muckleshoot Out as Party in Duwamish Recognition Suit

Here are the materials in Duwamish Tribe v. Haaland (W.D. Wash.):

14 Muckleshoot Motion to Intervene

18 Duwamish Opposition

20 Interior Opposition

21 Reply

26 DCT Order

Complaint here.

D.C. Federal Court Rules in Favor of Small Business Admin. in Dispute with Corp. Claiming to be Owned by Recognized Tribe

Here are the materials in GTEC Industries Inc. v. Guzman (D.D.C.):

1 Complaint

33-1 SBA Motion

34-1 GTEC Motion

37 SBA Response

38 GTEC Response

39 GTEC Reply

40 SBA Reply

49 GTEC Surreply

50 DCT Order

Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland

Here:

Here are the district court materials:

31 [minute order dismissing case]

California Federal Court Allows Taylorsville Rancheria Recognition Suit to Proceed (again)

Here are the new materials in Tsi Akim Maidu of Taylorsville Rancheria v. Dept. of the Interior (E.D. Cal.):

Jim Keedy Walks On

Jim Keedy testifying before the Senate Indian Affairs Committee in 2007.

Traverse City Record-Eagle notice here. From the statement issued by Michigan Indian Legal Services:

Jim Keedy was living proof of how fine a person can be. He was an excellent boss to the people and programs in his charge and a devoted husband to his wife, Cathy. He was also a good friend to many and a great colleague. The character of his life might be summed up in a few words: sincere, earnest, loyal.
 
Jim was a long-time poverty law attorney and was dedicated to the ideal of accessible legal aid, developing extensive outreach programs for Native rural communities in remote areas. He was also passionate about the importance of children being able to remain in their families and was an early champion for parents under the Indian Child Welfare Act and the Michigan Indian Family Preservation Act. Under Jim’s leadership, MILS provided assistance to 5 tribes obtaining federal recognition – the government-to-government relationship that allows for tribes to be able to successfully provide for their communities. He also believed in responsible government and was a champion for the individuals facing the weight of the system on them in tribal court cases. We will long remember Jim’s tenacity, and ability to meet difficult challenges.
 
Jim was a brilliant and visionary leader who achieved recognition for his work in the underserved Native American communities. Jim was the proud recipient of State Bar of Michigan American Indian Law Section’s Tecuseh Peacekeeping Award in 2004; the State Court Administrative Office (SCAO) Foster Care Review Board’s Parent Attorney of the Year in 2018; the National Legal Aid and Defender Association’s Pierce-Hickerson Award also in 2018; and the Michigan State Bar Foundation’s Access to Justice Award in 2020.
 
As Executive Director at Michigan Indian Legal Services for over 30 years, Jim led his staff in such a way that he exemplified leadership. He gave inspiration to his team and others he worked with. The Jim we remember was always courteous, kind, and generous. He had a beautiful smile, a sense of humor, and a gentle demeanor.
 
Jim was a genuinely wonderful individual—one we will miss greatly. As an attorney, Jim worked with passion, integrity, and honor. By his death, all the people who knew him will miss a brilliant individual with a rare friendliness and charm of personality. Our sorrow is slightly lessened with the comforting thought that we had the privilege of knowing him.
 
 
Baa Maa Pii, Jim.

Jim was a well-known figure in Michigan Indian country. I first became aware of him when he worked on the federal recognition for the Pokagon Band of Potawatomi Indians. He testified before Congress in 1993 and 1994 in support:

Herald-Palladium, Sept. 1, 1993
1993 House testimony
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Maryland Federal Court Partially Dismisses, Abstains from Resolving Case Involving Accohannock Indian Tribe

Here are the materials in Accohannock Indian Tribe v. Tyler (D. Md.):