Michigan Indian

New Jersey v. EPA: Industry En Banc Petitions Denied

Matthew L.M. Fletcher1 Comment

Here is the order-denying-rehearing-en-banc-petitions-05-1097.

Appellate Court Rejects EPA, Industry Bid To Overturn Mercury Ruling

A key appellate court has rejected EPA and utility industry requests to rehear and overturn a ruling from a three-judge panel vacating the agency’s clean air mercury rule (CAMR), leaving supporters of the contentious rule with the option to either abandon it altogether or appeal the case up to the Supreme Court.

Environmentalists, however, doubt that the government will appeal the ruling to the high court, but leave open the option that industry may. “I would be astounded if the Solicitor General’s office walked this dog up to the Supreme Court’s steps to soil those grounds. The utility industry on the other hand follows different public health practices,” John Walke, clean air director at the Natural Resources Defense Council, said in a May 20 statement.

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Saginaw Chippewa Employee Gas Discount

Matthew L.M. Fletcher

From the Mt. Pleasant Morning Sun:

Tribal Council for the Saginaw Chippewa Indian Tribe is offering Tribal employees a 10 cent per gallon discount.

More than 4,200 employees were notified Friday of the discount available at both Sagamok and Saganing Sagamok convenience store gas stations.

“I think (Tribal) council is aware of the tough economic times our employees are going through,” Tribal Chief Fred Cantu said. “And we know that there are people who work here that drive from as far away as Lansing and Saginaw.

“I think council felt their employees should share in the discount we offer to our (Tribal) members because we feel that our employees are like family to us.”

Better hope this isn’t taxable income….

Research Paper on Tribal Court Civil Contempt Power

Matthew L.M. Fletcher

This short paper was prepared for last week’s Michigan Indian Judges Association meeting at Bay Mills. It is available on SSRN. Here is the abstract:

Supreme Court doctrine bars tribal courts from exercising criminal jurisdiction over non-Indians, but tribal courts often are the only practical mechanism available to protect Indian women from non-Indian domestic violence. Congress recognized this fact in the Violence Against Women Act by noting that tribal courts may use their civil contempt power to enforce personal protection orders originating in foreign jurisdictions.

This short paper describes the civil contempt power of tribal courts, and how tribal courts have used this power. The paper concludes with a short analysis of the implications of federal Indian law on tribal court authority to issue civil contempt citations to non-Indians.

Michigan Court of Appeals Decides ICWA Case

Matthew L.M. Fletcher

The case is in the Matter of Cordell Minors (here) and it is unpublished. Like most Michigan ICWA case, the Michigan  COA conditionally affirmed the termination of parental rights pending compliance with the Indian Child Welfare Act. And like so many Michigan ICWA cases, the trial court failed to comply with ICWA by sending proper notice to the relevant tribe(s).

Financial Pressure on Sault Tribe re: Greektown

Matthew L.M. Fletcher

From Indianz:

The Sault Ste. Marie Tribe of Chippewa Indians is facing pressure to make sure its commercial casino in Detroit complies with state law.

The tribe has fallen behind on construction of a permanent Greektown Casino. Revenues have dropped and the facility’s debt-to-earnings ratio isn’t meeting state requirements. In hopes of resolving the issue, the tribe last week announced that it landed a $100 million investment. The tribe would retain 60 percent ownership of the casino. But the Michigan Gaming Control Board is questioning whether the deal will resolve the tribe’s financial concerns. The board gave the tribe until June 10 to defend its future.

Get the Story:
Greektown Casino financing questioned (The Detroit News 5/14)

Belanger v. Parish — Complaint re GTB Trust Land Decision

Matthew L.M. Fletcher

Belanger v. Parish Complaint

Exhibit Property Location Drawing

Impact of Michigan’s Smoking Ban on Indian Casinos

Matthew L.M. Fletcher2 Comments

From the AP:

DETROIT (AP) — If smoking is banned in Detroit bars, restaurants and workplaces, Betty Gilbert says it will hurt the city’s casinos.

Gilbert, who was smoking a cigarette Friday with members of her bowling team on a sidewalk near Greektown Casino downtown, should know. The 69-year-old from Cape May County, N.J. — who said she usually gambles weekly in Atlantic City — plans to cut back when that city’s smoking law goes into effect.

“If they cut out the smoking, they should also cut out the drinking,” Gilbert said.

A ban passed by the Michigan Senate on Thursday now heads to the House, which passed a narrower bill five months ago. If the new bill becomes law, smokers could pass up the trip downtown to gamble and head instead to Indian casinos, which aren’t affected, industry observers said.

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ICT Editorial on Fee to Trust Statute

Matthew L.M. Fletcher1 Comment

From ICT:

The federal government’s recent actions involving its authority to make decisions on acquiring land in trust for tribal gaming purposes may inadvertently threaten the authority and duty of the secretary of the Interior Department to take land into trust for Indian tribes.

On April 29, the D.C. Circuit decided an innocuous case involving the secretary of Interior’s decision to take land into trust for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (also known as the Gun Lake Band). It was the third such opinion in recent years involving Michigan Potawatomi Indian tribes, each brought by well-funded citizens groups opposing Indian gaming. The suits were mere harassment suits, intended to delay rather than prevent the opening of the Potawatomi gaming operations. Each of the suits brought similar claims.

Of import, one claim was that Section 5 of the Indian Reorganization Act, the statute that authorizes the secretary to take land into trust for Indian tribes, was an unconstitutional delegation of congressional authority. The first two D.C. Circuit panel decisions (2006 and 2007), involving the Pokagon Band of Potawatomi Indians and the Nottawaseppi Huron Band of Potawatomi Indians, rejected the constitutional challenge to Section 5 without much discussion or dissent. In fact, since 1995, at least three other federal appellate circuits have rejected the same kind of challenge to the statute, so this is unsurprising.

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GTB News Coverage on Indianz

Matthew L.M. Fletcher

From Indianz:

An attorney for the Grand Traverse Band of Ottawa and Chippewa Indians says a lawsuit challenging the Michigan tribe’s land-into-trust lawsuit is “fruitless.”

The tribe wants about 22 acres placed in trust. A group of property owners, however, claims the land belongs to them. Tribal attorney William Rastetter said the plaintiffs who filed the case are wasting their time. He said the state and federal courts have already ruled the land doesn’t belong to them. The land is part of the Leelanau Trail, which the tribe supports. The land used to be a former railroad right-of-way. In related Grand Traverse news, the tribe has certified the results of its April 9 primary. Incumbent chairman Robert Kewaygoshkum will face Derek Bailey in the May 21 general election. Six candidates are seeking three open council seats.

Get the Story:
Tribe downplays suit over former rail corridor status (The Leelanau News 5/8 )
Tribe certifies Primary results (The Leelanau News 5/8 )

Related Stories:
Lawsuit challenges Grand Traverse land-into-trust (5/2)
Grand Traverse Band vote in primary on Wednesday (4/8 )

Mich. Senate Republicans Appear to Concede Gun Lake Compact Fight

Matthew L.M. Fletcher

From the GR Press:

LANSING — Legislative opponents of a Wayland Township casino may be ready to fold their cards after last week’s federal appeals court ruling in favor of the Gun Lake tribe.

Republicans who control the state Senate will meet this week to discuss whether to continue their block on a gaming compact between the state and the tribe.

“At some point, you need to take a look at what the reality is,” said Matt Marsden, a spokesman for Senate Majority Leader Mike Bishop.

“We can oppose it and wax on about the ills of gaming,” Marsden said Monday. “But the fact of the matter is, it’s not a gaming issue at this point, it’s a regulatory matter.”

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