Casino Development Firm Sues Sault Tribe over Lansing and Wayne County Gaming Proposals [updates]

Here is the complaint in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (W.D. Mich.):

 
 
 
 
 
 
 
 
 
 
 

Update:

14-1 Gaming Authority Motion to Dismiss

19 Response

NPR: “Tribes in Michigan struggle with decision to shut down casinos for coronavirus”

Here.

Michigan Radio: “Michigan tribal governments prep for coronavirus — brace for impact on casinos and workers”

Here.

Sault Tribe Prevails over Interior over Interpretation of Mandatory Trust Land Acquisition Statute

Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):

opinion-1.pdf

Case tag here.

26indianclcommndec538.pdf

New Fletcher Paper: “The Rise and Fall of the Ogemakaan”

Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:

Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.

Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.

News Profile of Nottawaseppi Huron Band Reservation

Here is “Success of Pine Creek Indian Reservation is something elders would have been proud to see.”

Sixth Circuit Briefs in Little Traverse Bay Bands of Odawa Indians v. Whitmer

Here:

LTBB Opening Brief 

Defendant-Appellee Whitmer Brief

Emmet County Lake Shore Assn and Protection of Rights Alliance Brief

Intervenor-Appellees–Cross-Appellants Combined Brief

Townships Brief

LTBB Reply

State Surreply re McGirt

Lower court materials here.

Two Michigan Tribal Citizens Selected for State of Michigan’s First Environmental Justice Advisory Council [Bryan Newland and John Petoskey]

Here:

FOR IMMEDIATE RELEASE   
January 23, 2020   
Gov Contact: BrownT56@michigan.gov   
EGLE Contact: Greenbergj@michigan.gov 

Twenty-one Michiganders Selected for the State’s First Environmental Justice Advisory Council 

 LANSING, Mich. – Twenty-one Michiganders have been selected to the state’s first Michigan Advisory Council for Environmental Justice (MAC EJ) under the direction of Governor Gretchen Whitmer, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced today. 

 “Since taking office, I’ve been deliberate and focused on protecting our Great Lakes, cleaning up our drinking water, and combating the real-life impacts of climate change,” said Whitmer. “To address ongoing environmental justice issues, it was absolutely critical that those impacted daily have a seat at the table. We must ensure that the implementation and enforcement of environmental protections, regulations, and policies in Michigan will be fair and meaningful to all Michiganders, regardless of geography, race, color, origin, or income. Actions like these will help to further rebuild trust in our state government.” 

The Interagency Environmental Justice Response Team is led by Regina Strong, the state’s Environmental Justice Public Advocate. The MAC EJ will provide public and impacted community input for the directors appointed to the Response Team. The Response Team is also planning regional roundtables around the state to ensure that as many people as possible are at the table on environmental issues.

“Meeting people where they are is vital to our commitment to making Michigan a leader in environmental justice,” said EGLE Director Liesl Clark. “Creating the Michigan Advisory Council on Environmental Justice is an important step in building the framework to ensure all Michiganders benefit equitably from our environmental laws and regulations. Through both the Office of Environmental Justice Public Advocate and the Interagency Environmental Justice Response Team, we are working to address inequities that impact communities across this state. The creation of this advisory council will play an important role in helping us achieve that goal.” 

The following individuals have been appointed to the Michigan Advisory Council on Environmental Justice:   

[moving them to the front]

Bryan Newland, of Brimley, is an active member of the Bay Mills Indian Community and the president and chairman of the Executive Council. Mr. Newland is an attorney with Fletcher Law and he earned his Juris Doctor degree from the Michigan State University College of Law.  

John Petoskey, of Northport, is a member of the Grand Traverse Band of Ottawa and Chippewa Indians. Mr. Petoskey is currently pursuing his Juris Doctor degree and Master of Science in Environmental Justice and Policy at the University of Michigan. 

Sixth Circuit Vacates Bay Mills Gaming Case

Here are the materials in Bay Mills Indian Community v. Whitmer:

ca6-opinion.pdf

bmic-opening-brief.pdf

michigan-brief.pdf

reply-2.pdf

Lower court materials here.

Pokagon Band Potawatomi Tribal Court Open House

Chief Judge Mike Petoskey

Chief Judge Mike Petoskey and Chairman Matt Wesaw

Steve Rambeaux and the indoor peacemaking fire pit

MF with former Pokagon chairman John Warren

MF with Andi Jackson and Clarence White