Research – Page 151 – Turtle Talk

Recently, the White House Council on Environmental Quality released new proposed rules for the National Environmental Policy Act. The proposed rules would significantly change the environmental permitting process and gut the review process, impacting tribal interests throughout Indian Country.

Comments are now open. Anyone, individuals or tribal governments, may submit comments on these rules. Importantly, comments and collecting evidence of negative impacts are very important at this stage in the process to preserve future legal claims. Tribal governments are strongly encouraged to submit comments. Comments are open until March 10, 2020.

Currently, the MSU Indian Law Clinic is collaborating with Earthjustice to create a general comment letter to submit regarding how the proposed rules impact tribal interests. Additionally, Earthjustice is seeking to support and assist tribes who would like to submit a comment letter. Please contact Stefanie Tsosie (Senior Associate Attorney at Earthjustice) here if you have questions or would like further assistance drafting a comment letter.

For more information on the proposed NEPA rules, please see this NEPA Factsheet and this article in NPR about the impacts of these rules.

Friday Job Announcements

February 14, 2020Monica Williamson

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

In the email body, a typed brief description of the position which includes
- position title,
- location (city, state),
- main duties,
- closing date,
- and any other pertinent details such as links to application;
An attached PDF job announcement.

Please send all job announcements in this requested format. For examples, see the job announcements below.

Reno-Sparks Indian Colony

Tribal Court Judge, Washoe County, NV. Responsible for the administration of justice and the efficient and effectiveness of all Courtroom proceedings held in the Tribal Court of the Reno-Sparks Indian Colony. See attached the employment application. For more information, contact Human Resources at Reno-Sparks Indian Colony via www.RSIC.org.

Washington State Office of Administrative Hearings

Administrative Law Judge, Olympia, Seattle, Spokane Valley, and Tacoma, WA. primary role is to conduct hearings that are fair–in both substance and appearance–and issue well-reasoned, timely decisions. Interviews will be held in-person in Olympia and are anticipated to occur March 10-12. Please see the position description for more information.

Anchorage U.S. Attorney’s Office

Assistant United States Attorney, Anchorage, AK. Responsible for handling the investigation and prosecution of federal crimes. This will include prosecuting cases such as firearms offenses, drug crimes, child exploitation and other violent crimes, fraud, embezzlement and other white collar crimes. This is an open continuous announcement with a closing date of 3/31/2020.

Sisseton Wahpeton Oyate

Tribal Attorney, Sisseton, SD. Open until filled. Please see the position description for more information. Contact Arnold Williams 698-8238 ArnoldW@SWO-NSN.GOV or or Denise Hill 698-8251 DeniseH@SWO-NSN.GOV with questions.

Mille Lacs Band of Ojibwe Indians

Deputy Solicitor General, Onamia, MN. The Deputy Solicitor General performs legal work involving interpreting laws and regulations; preparing legal opinions, briefs, and other legal documents; rendering legal advice and counsel; consulting with trial attorneys; assisting in preparing cases for trial; drafting bills for legislative consideration, and assisting the Solicitor. Open until filled. Application here. Please see the job description at millelacsband.com/jobs for more information.

Hobbs, Straus, Dean & Walker, LLP

Legislative Analyst, Washington, DC. Hobbs, Straus, Dean & Walker, LLP, a national law firm that specializes in Federal Indian Law, seeks a Legislative Analyst. This position is open until filled. Please see the Job Announcement for more information and how to apply.

InterTribal Court of Southern California

Tribal Court Administrator, Valley Center, CA. For duties please see attached job description. Position will remain open until filled.

Tribal Law and Policy Institute

Publication Support Specialist, West Hollywood, CA. This is a full-time position responsible for a range of duties that support the development, coordination and printing of resource materials, publications, outreach materials and other written documents produced by the Tribal Law and Policy Institute. To apply for this position, email resume and one page cover letter to jessica@tlpi.org. Application closes March 16, 2020. For more information please see the job announcement.

Earthjustice

Staff Attorney, Rocky Mountain Regional Office in Denver, CO. Attorneys in the Denver office handle a wide range of litigation arising primarily in the Intermountain West and Southwest. The new Staff Attorney may eventually work in focal areas depending on the needs of the office and our clients, but in the near term, s/he will be expected to focus on matters related to climate change and oil and gas regulation.

Deputy Managing Attorney, California Regional in San Francisco, CA. We seek an experienced attorney with strong interest and skills in management and at least ten years of litigation experience. Please see the attached description for more information.

Mississippi Band of Choctaw Indians

Staff Attorney, Choctaw, MS. Under the direction of the Tribe’s Attorney General, the Staff Attorney is responsible for providing general legal services for the tribal government and representing the Tribe in various criminal and civil actions in tribal, state, and federal courts. Please see position description for more information. The Tribe’s Employment Application can be found here. This position closes 02/24/2020.

Partnering for Native Health

AmeriCorps Attorney, Taos, NM. Partnering for Native Health is an award-winning multidisciplinary project that embeds AmeriCorps Attorney Members in the tribal health care system to address the health-harming legal needs. Please see the position description for more information.

Great Lakes Indian Fish and Wildlife Commission

Summer Intern, GLIFWC Division of Intergovernmental Affairs, Odanah, WI. Starting and Ending Date: June 1, 2020-August 7, 2020. Assist Policy Analyst in meetings with tribal councils, tribal attorneys and other officials, and tribal community members, to present on, and collect feedback regarding, the GLIFWC Model Treaty-Harvested Food Code. Some travel is required, with travel reimbursement pursuant to GLIFWC policies and federal regulations. Housing is offered to interns who live beyond a reasonable commuting distance; American Indian hiring preference; law students are welcome to apply. Closing Date: March 6, 2020, at 4:30 PM CST.

A list of all GLIFWC Summer Internships is available here.

Navajo Nation

Legislative Branch

Staff Attorney, Window Rock, AZ. Office of Legislative Counsel seeks an attorney to fill. The position provides legal advice and legal representative to entities of the Legislative Branch, the Navajo Nation Council, its Standing Committees, Boards, and Commissions, involving various areas of law. Knowledge of legal principles as well as Indian law, Navajo Nation law, Navajo Nation Government and legislative process in general is required. For more information a full job qualifications and application are accessible at www.dpm.navajo-nsn.gov. The position is open until filled. A copy of the Application packet should also be submitted to the Office of Legislative Counsel at the address below.

Principal Attorney, Window Rock, AZ. Office of Legislative Counsel seeks a Principal Attorney to fill. The position is under the general direction of the Chief Legislative Counsel. Duties includes legal advice and representations to the entities of the Navajo Nation/Legislative Branch in area of law. Supervise and work with other attorneys of the Office. Knowledge of legal principal as well as Indian Law. For more information a full job qualifications and application are accessible at www.dpm.navajo-nsn.gov. The position is open until filled. A copy of the Application packet should also be submitted to the Office of Legislative Counsel at the address below.

Senior Tribal Court Advocate, Window Rock, AZ. The Office of Legislative Counsel seeks a Senior Tribal Court Advocate (Senior Advocate) to perform a variety of legal and analytical tasks. The Senior Advocate should have knowledge of general Indian Law principals, as well as applicable federal law and Navajo Nation; familiarity with the Navajo Nation Governments and Legislative processes, legal research experience and proficiency, and writing and advocacy experience and advocacy. Senior Advocate will work under the supervision of a Principal Attorney and direction of Chief Legislative Counsel. For more information, please see the position description or apply, visit www.dpm.navajo-nsn.gov. The position is open until filled. A copy of the Application packet should also be submitted to the Office of Legislative Counsel.

Judicial Branch

Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Aneth Judicial District, Aneth, UT. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Dilkon Judicial District, Dilkon, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Kayenta Judicial District, Kayenta, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Government Development Commission

The Judicial Branch of the Navajo Nation is seeking applicants for nomination of membership on the Commission on Navajo Government Development. Pursuant to 2 N.N.C. §972(A)(2), one member of the Commission “shall be nominated by the Judicial Branch through the Chief Justice of the Navajo Nation to serve a term of two years from the date of confirmation by the Navajo Nation Council; the nominee shall be a licensed attorney and a member of the Navajo Nation Bar Association.” All interested individuals should submit a letter of interest and resume by February 28, 2020. Nominations to the Commission are subject to confirmation by the Navajo Nation Council. Contact karenfrancis@navajo-nsn.gov with questions.

See posts from February 7, 2020.

Cheyenne & Arapaho Tribes Sue US for Violation of “Bad Men” Clause over Opioids

February 14, 2020February 14, 2020Matthew L.M. Fletcher

Here is the complaint in Cheyenne & Arapaho Tribes v. United States (Fed. Cl.):

1 Complaint

Secretary of State Agrees to Settle Voter ID Lawsuits by Entering Into Consent Decree with North Dakota Tribes

February 13, 2020February 13, 2020Matthew Campbell

In the wake of the district court’s denial of the State’s motion to dismiss, the Secretary of State has agreed to settle two federal voting rights lawsuits brought by two Native American Tribes and several individual voters over North Dakota’s voter ID law.

The law requires voters to present identification listing their residential street address – a substantial hurdle for many Native Americans living on reservations, because the state has failed to assign residential street addresses to homes on tribal reservations.

In January 2016, eight Native Americans, represented by the Native American Rights Fund (NARF), Tom Dickson and Rich de Bodo filed suit to block the North Dakota voter ID law, which disenfranchised Native American voters and violated both state and federal constitutions as well as the Voting Rights Act.

On October 30, 2018, NARF, Campaign Legal Center (CLC), Robins Kaplan LLP, and Cohen Milstein Sellers and Toll PLLC filed a separate lawsuit on behalf of the Spirit Lake Tribe and six individual plaintiffs to ensure that eligible Native American voters residing on reservations in North Dakota would be able to cast a ballot in the 2018 midterm elections and in all future elections. The Standing Rock Sioux Tribe, with approximately 5,868 residents of voting-age that could be affected by the law, joined the Spirit Lake case in early 2019.

“This fight has been ongoing for over four years, and we are delighted to come to an agreement that protects native voters,” said Matthew Campbell, attorney for the Native American Rights Fund. “It has always been our goal to ensure that every native person in North Dakota has an equal opportunity to vote, and we have achieved that today. We thank the Spirit Lake Nation, Standing Rock Sioux Tribe, and the individual native voters that stood up for the right to vote.”

“We are pleased with the result of the settlement. It was a breakthrough for the state to recognize its responsibility to ensure that Native Americans have access to the identification needed to exercise their voting rights,” said Paul Smith, vice president at CLC. “In order to have a successful 2020 election, the state must follow through with a robust voter and poll worker education campaign to ensure that proper protocols are followed so people aren’t rejected because of the state’s failed addressing system.”

Backstory

Facing a trial date in the Spirit Lake case in May of this year, the Secretary of State announced an emergency rulemaking last week in an attempt to address some of the issues raised by the lawsuit. At an in-person mediation at the North Dakota capitol on February 6, 2020 with representatives from the Spirit Lake Nation and attorneys from CLC and NARF, the Secretary agreed to take additional steps to ensure that eligible Native American voters are not disenfranchised due to the restrictive voter ID law.

Because of the state’s broken addressing system, many Native Americans living on reservations do not have or do not know their residential addresses, and are therefore unable to comply with the North Dakota voter ID law. During the 2018 election, the Spirit Lake Nation and the Standing Rock Sioux tribe expended substantial resources to ensure that their tribal members would have the identification necessary to vote, including by shouldering the burden of identifying and providing residential street addresses for their members.

The unique burdens faced by Native Americans in North Dakota – including a severe housing shortage – mean that tribal members are much more likely to have moved in the intervening time, or to be homeless or precariously housed. As a result, determining members’ residential addresses – and providing them with the documentation necessary to vote – is an ongoing effort that requires substantial resources.

Details of the agreement

In addition to the previously announced rulemaking, which requires the state to recognize tribal IDs and supplemental documentation issued to tribal members, the Secretary has agreed to enter into a binding consent decree, enforced by a federal court order, which will ensure that Native American voters who do not have or do not know their residential street address are able to vote.

The Secretary of State also agreed to work with the Department of Transportation to develop and implement a program with tribal governments to distribute free non-driver photo IDs on every reservation statewide within 30 days of future statewide elections.

In the 2020 election, Native American voters will have the opportunity to mark their residence on a map, a process that is commonly used by voters in other states. The burden will then shift to the state to verify the residential street addresses for these voters, to provide that information to the voter and the tribe, and to ensure those voters’ ballots are counted.

The court-ordered consent decree will include details about what the state must do to educate the public and train poll workers on the new procedures, as well as measures designed to enable the Tribes to ensure the state is complying with its obligations under the agreement.

#####

[Click here to read a joint statement on the settlement by North Dakota Secretary of State Al Jaeger, Spirit Lake Nation, and Standing Rock Sioux Tribe]

National Indian Law Library Bulletin (2/12/2020)

February 13, 2020Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petitions for certiorari were filed in two cases on 1/30/20 and 2/3/20:
James v. JW Gaming Development (Sovereign Immunity)
Native Wholesale Supply Company v. California, ex rel. Xavier Becerra (Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Narragansett Indian Tribal Historic Preservation Office v. FERC (National Historic Preservation Act; Cultural Resources)
United States v. Sauk-Suiattle Indian Tribe of Washington (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Herpel v. County of Riverside (Tax Regulation)
In Regard to the Guardianship of Eliza W. (Indian Child Welfare Act)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
H.R.5850 – To expedite and streamline the deployment of affordable broadband service on Tribal land, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html
Moving forward from the scoop era: Providing active efforts under the Indian Child Welfare Act in Illinois.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

Court focuses on Native idea of family
Indian inmate files opening brief in Supreme Court sovereignty case
Tenth Circuit Court of Appeals upholds Ute Indian Tribe’s exclusive right to control its lands
Gabe Galanda: The United States must help stop disenrollment
Sacred Native American burial sites are being blown up for Trump’s border wall, lawmaker says
South Dakota bars IDs and ‘disenfranchises’ tribal citizens
Cherokee journalist Rebecca Nagle wins prize for work on Indian law case
South Dakota approves $100 million solar project on Pine Ridge Reservation
Native American Jewish Justice Raquel Montoya-Lewis tells us how she made history
Ballot harvesting or a voting assist?