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Judge Finds for Incumbent in Alaska Primary Election Dispute

October 10, 2016October 10, 2016Sarah M Donnelly

Download(PDF): Findings of Fact and Conclusions of Law in the matter of Nageak et al v. Mallot et al (Anchorage Oct. 6 2016).

Link: Judge overturns results in northern Alaska election, declaring Nageak the winner by Nathaniel Herz from Alaska Dispatch News.

A Superior Court Judge ruled in an incumbent’s favor after finding illegal double balloting in Alaska’s August primary. Untrained election officials in the Native Village of Shungnak gave voters both Republican and Democratic ballots. A dozen votes were then disqualified after the court determined voters would have chosen the Republican ballot given their voter history. Two ballots were disqualified in the Native Village of Kivalina under similar circumstances.

The result was a victory for the incumbent, Rep. Ben Nageak from Barrow, who secures his seat in Alaska’s House by virtue of no Republican candidate on November’s general election ballot.

From the article:

Nageak follows a Bush-Democrat tradition of caucusing with the House’s Republican-led majority, while Westlake has said he will likely caucus with urban Democrats if he wins — even if that puts him in the minority.

The challenger, Dean Westlake from Kotzebue, was originally declared the winner by four votes. A recount had him winning by eight votes. The Superior Court Judge found Negeak won by two votes. Defendants appealed to Alaska’s Supreme Court and arguments are set for next week.

“Perils of Indigenous People’s Day”

October 10, 2016Matthew L.M. Fletcher3 Comments

From the San Francisco Chronicle.

An excerpt:

So when Penn State social studies Professor Sarah Shear examined state history standards around the country in 2014, she found that 87 percent of references to Native Americans in the standards addressed their history before 1900. And not a single state included content about present-day native peoples.

When Shear asked her undergraduate students what they knew about Native Americans, unsurprisingly, they referred only to the woes that native peoples had endured. “They were coming to college believing that all Indians are dead,” Shear noted.

MSU Paints the Rock in Support of #NoDAPL for Michigan Indian Day

Image September 23, 2016Sarah M Donnelly

Tribal Judges Gather for Justice McKeig’s Swearing-In

Image September 20, 2016Sarah M Donnelly1 Comment

Minnesota appointed its first native to the Supreme Court, Justice McKeig from White Earth, and here are some of the Tribal Judges gathered at the investiture ceremony.

Five Red Cloud Indian School Students Earn Gates Millennium Scholarships

September 20, 2016Matthew L.M. Fletcher

Here is “‘A Moment of Joy’ – Five Red Cloud Indian School Seniors Earn the 2016 Gates Millennium Scholarship.“

News Profile of the US v. Washington Culverts Decision

September 19, 2016Matthew L.M. Fletcher

Here is “License to kill: how Washington may lose its right to wipe out salmon.”

US Forest Service Destroyed Portions of the Trail of Tears

September 19, 2016Matthew L.M. Fletcher

Here is “Docs detail government damage of Trail of Tears.”

An excerpt:

The documents outline the extensive process the Forest Service employees should have gone through before doing the work but didn’t.

For instance, the ranger who approved the project told another employee they didn’t’ have to comply with the National Environmental Policy Act because they did not own the land.

Yes Magazine: “In Negotiations With Feds, Can Standing Rock Change U.S.-Tribe Relationships?”

September 17, 2016Matthew L.M. Fletcher

Here.

Gabe Galanda’s Interview on Pipeline Protest with Seattle Public Radio

September 13, 2016Sarah M Donnelly

Links:

Seattle lawyer explains why the North Dakota pipeline protests mark a historic moment

A RESOLUTION proclaiming the City of Seattle’s Support for the Standing Rock Sioux Tribe’s Opposition to the Construction of the Dakota Access Pipeline

Feds Deny Approval of Construction of the DAPL on Lands that Border Lake Oahe [corrected headline]

September 9, 2016September 9, 2016Matthew L.M. Fletcher6 Comments

Here is the United States’ press release:

JOINT STATEMENT FROM THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT OF THE INTERIOR REGARDING STANDING ROCK SIOUX TRIBE V. U.S. ARMY CORPS OF ENGINEERS

WASHINGTON – The Department of Justice, the Department of the Army and the Department of the Interior issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:

“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act. However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.

“The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

“Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.

“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”