Michigan Indian – Page 101

1. Whether 5 U.S.C. § 702 waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian tribe.

2. Whether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act, ch. 576, 48 Stat. 984.

Gun Lake’s petition is here, along with a link to lower court materials.

Gun Lake Band Cert Petition in Patchak

August 25, 2011Matthew L.M. Fletcher2 Comments

Here:

2011.08.24 – Gun Lake Cert Petition.

I. Whether the Quiet Title Act and its reservation of the United States’ sovereign immunity in suits involving “trust or restricted Indian lands” apply to all suits concerning land in which the United States “claims an interest,” 28 U.S.C. § 2409a(a), as the Seventh, Ninth, Tenth, and Eleventh Circuits have held, or whether they apply only when the
plaintiff claims title to the land, as the D.C. Circuit held.

II. Whether prudential standing to sue under federal law can be based on either (i) the plaintiff’s ability to “police” an agency’s compliance with the law, as held by the D.C. Circuit but rejected by the Fifth, Sixth, Seventh, and Eighth Circuits, or (ii) interests protected by a different federal statute than the one on which suit is based, as held by the D.C. Circuit but rejected by the Federal Circuit.

Lower court materials here.

Seventh Circuit Affirms Denial of Injunction in Asian Carp Suit (Michigan v. Army Corps)

August 24, 2011Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

We conclude that the court’s decision to deny preliminary relief was not an abuse of discretion. Our analysis, however, differs in significant respects from that of the district court, which was persuaded that the plaintiffs had shown only a minimal chance of succeeding on their claims. We are less sanguine about the prospects of keeping the carp at bay. In our view, the plaintiffs presented enough evidence at this preliminary stage of the case to establish a good or perhaps even a substantial likelihood of harm – that is, a non-trivial chance that the carp will invade Lake Michigan in numbers great enough to constitute a public nuisance. If the invasion comes to pass, there is little doubt that the harm to the plaintiff states would be irreparable. That does not mean, however, that they are automatically entitled to injunctive relief. The defendants, in collaboration with a great number of agencies and experts from the state and federal governments, have mounted a full-scale effort to stop the carp from reaching the Great Lakes, and this group has promised that additional steps will be taken in the near future. This effort diminishes any role that equitable relief would otherwise play. Although this case does not involve the same kind of formal legal regime that caused the Supreme Court to find displacement of the courts’ commonlaw powers in American Electric Power, on the present state of the record we have something close to it. In light of the active regulatory efforts that are ongoing, we conclude that an interim injunction would only get in the way. We stress, however, that if the agencies slip into somnolence or if the record reveals new information at the permanent injunction stage, this conclusion can be revisited.

Northern Express Profile of GTB Chairman Derek Bailey

August 23, 2011Matthew L.M. Fletcher

Here is the article.

An excerpt:

Chairman Derek Bailey of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB) recently postponed a family getaway to the Upper Peninsula to speak at a memorial service. These constant schedule changes and being accessible 24/7 as the Tribal Chairman have become the lifestyle Bailey and his family have adopted since his election three years ago.

“We were looking forward to our trip, but I was asked to speak at a memorial service for Helen Hornbeck Tanner. I considered it not only an honor but my obligation to be there,” said Bailey. “Tanner, while not Native American, played several crucial roles in the recent history for Indian tribes of the Great Lakes region. She is not the only reason but she certainly is a key reason why we (the GTB) are where we are at today. It was important that I let her family and friends know how much we appreciate what she did for us and equally important that our tribal communities know of her importance.”

TANNER’S CONTRIBUTION
Tanner, a long time Beluah resident, was considered the leading authority on the Native American history of the Great Lakes. She authored several books and research papers during her tenure as a professor at the University of Michigan and as a senior research fellow at the Newberry Library in Chicago. Her “Atlas of Great Lakes Indian History,” documented the displacement of Indian communities from 1640 to 1871. Her research and expertise played a crucial role in upholding Indian treaty rights with the federal government, including fishing rights on the Great Lakes.

Bailey’s presence at the memorial service marked the type of leadership style those within the GTB have come to expect. That leadership style has also made its mark throughout Northern Michigan, as well as in Lansing and even in Washington D.C..

In 2008 at the age of 36, Bailey became the fifth and the youngest Tribal Chairman elected by the GTB. Bailey has set out a course to build partnerships throughout Michigan and in the nation’s capital. In just three years of creating collaborations and partnerships, some in the Northern Michigan business community are calling on Bailey to consider either running for the Michigan State Senate or U.S. Congress.

BOTH SIDES OF AN ISSUE
“I think Derek would make an excellent representative for Northern Michigan in Lansing or Washington D.C.,” said Don Coe, managing partner of Black Star Farms Winery and chairman of the Michigan Commission on Agriculture and Rural Development. “What he has been able to accomplish in just a couple of years as tribal chairman is remarkable and his leadership skills in Lansing or Congress would be a valuable asset for us here in Northern Michigan. Derek has worked hard to not only better the GTB but also the greater Northern Michigan community.”

Coe is impressed with Bailey’s ability to understand both sides of an issue and bring opposing sides together.
“What I like is his ability to represent the GTB positions on issues and put those forward in a way that that is not threatening but accepting, and he is also able to put forward the issues of others back to his membership,” said Coe.

Coe adds that Bailey is also an exceptional listener, and has attracted the attention of the Obama administration. “You don’t call the White House, they call you and the Obama administration has been calling.”

That most recent call came a few weeks back when President Obama visited Holland and the White House called Bailey to let him know that the president requested his presence in Holland for a brief meeting.

Jensen Bros. Appeal Dismissed for Failure to File on Time

August 22, 2011August 21, 2011Matthew L.M. Fletcher

Here is the article, via Pechanga.

Saginaw Chippewa Disenrollment Effort Begins Anew

August 21, 2011Matthew L.M. Fletcher

Here is the news article, via Pechanga. And here is an excerpt:

The “D” word has again surfaced on the Isabella Reservation: Disenrollment.

The Saginaw Chippewa Indian Tribe’s Office of Administrative Hearings last week conducted the first hearing in several years into the possibility of removing a current member from the rolls. No decision was reached.

The case involves an 87-year-old elder who lives in Pennsylvania. Anna Bell Atwood. She became a member of the Tribe in 1988 during the Tribe’s open enrollment period, a time when the Tribe reached out to Natives who might qualify to become members.

Since that time, Tribal membership has become extremely valuable. Members qualify for numerous benefits, including per-capita payments of several thousand dollars per month based on income from the Soaring Eagle Casino & Resort, free health care and other perks.

But a high birth rate has caused membership in the Tribe to grow rapidly. At the same time, the economic downtown has cut into the Tribe’s income.

Tribal attorney Shawn Frank admitted during the hearing that a change in the makeup of the Tribal Council had put the disenrollment issue back into the spotlight.