MMIW

Kansas Indian Law CLE January 29

Kate Fort

Here is the announcement.

Not to be too promotional, but they got three pretty solid presenters (no manel here!) for this CLE: 

Working for Tribal Clients – Ethics
An overview of ethical responsibilities and obligations of legal practitioners who represent tribal clients, including tribal nations, tribal organizations and tribal members. (1.0 Ethics CLE)
Presented by: Vivien Olsen, Managing Attorney for the Legal Assistance to Victims program of the Kansas Coalition Against Sexual and Domestic Violence.
 
Indian Child Welfare Act: Litigation and Legislation
Are you familiar with ICWA (1978)? Any attorney practicing in family law or child-related cases will benefit from this session where Professor Kate Fort will review ICWA and key cases from 2019 and 2020, including recent state legislation and court rules adopted to protect ICWA. (1.0 General CLE)
Presenter: Professor Kate Fort, Michigan State University, Indian Law Clinic
 
The Violence Against Women Act & the Missing and Murdered Indigenous Persons Crisis
4 in 5 Indigenous women will experience violence in their lifetimes. – National Institute of Justice Report
 
This session will discuss the re-authorization of VAWA efforts over the past two years and will discuss the most recent efforts to pass legislation that will address the crisis of missing and murdered Indigenous Persons in the United States. (1.0 General CLE)
Presented by: Mary Kathryn Nagle, member of Cherokee Nation, partner at Pipestem Law PC

Statement From Fort Belknap and Rosebud on KXL Lawsuit

Matthew Campbell

On the same day the Trump Administration announced that up to 240,000 people may succumb to the COVID-19 virus, TransCanada announced it is proceeding with KXL pipeline construction. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. With this construction, workers will descend on the communities along the pipeline’s proposed path. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic.

In the face of the rapidly evolving COVID-19 pandemic, the Fort Belknap Indian Community and Rosebud Sioux Tribe asked the court to grant a temporary restraining order on pipeline construction. The Tribes are asking the court to put a short hold on construction until a hearing scheduled later this month.

“Fort Belknap has declared a state of emergency on the reservation because of the extremely dangerous COVID-19 pandemic and its threat to the health and well-being of the Gros Ventre and Assiniboine tribal members,” said President Werk of the Fort Belknap Indian Community, “We are very concerned about TransCanada bringing in outside construction workers from all over to build this pipeline within an hour from our reservation.”

“Rosebud has issued a curfew, closed businesses, and asked all to shelter in place because of the COVID-19 pandemic. We are joined in a fight against an invisible enemy that we now know is highly contagious before its hosts even show symptoms,” said President Bordeaux of the Rosebud Sioux Tribe, “Based on these extraordinary circumstances, we ask that TransCanada halt any construction during this pandemic.”

A two-week delay in the face of a pandemic would seem like the obvious course of action. Instead, despite the danger to tribal citizens and all of the people living in the area, TransCanada is pushing to quickly build as much of the pipeline as possible. Of course, they can then use this ongoing construction as justification for allowing the project to proceed whether or not the project is legal.

“We are in unprecedented times, and to continue in the face of this pandemic and place our communities at greater risk is irresponsible,” said NARF Staff Attorney Matthew Campbell. “The KXL pipeline as currently routed violates the treaties, federal law, and tribal law. We’re asking that the United States honor its treaty obligation to protect Rosebud and Fort Belknap.”

#HonorTheTreaties

More information here.