Research – Page 215 – Turtle Talk

TribalJustice_11x17 Seattle University School of Law welcomes Judge Claudette White on April 4^th who will share the work she has been doing to ensure justice by collaborating with local and neighboring jurisdictions and educating state counterparts to ensure tribal court recognition. The program will also highlight the incredible work tribal court judges do to provide access to rehabilitation services that incorporate culture and tradition.

Oklahoma American Indian Arts and Crafts Sales Act of 1974 Struck Down [definition of “Indian” more restrictive than federal law]

March 29, 2019March 29, 2019Matthew L.M. Fletcher

Here are the materials in Fontenot v. Hunter (W.D. Okla.):

1 Complaint

33 Ps Motion for Summary Judgment

35 Oklahoma Motion for Summary Judgment

An excerpt:

Although the Court rejects Plaintiff’s challenges under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as those under the dormant Commerce Clause and the First Amendment, the Court finds for the foregoing reasons that Plaintiff has shown that Oklahoma’s American Indian Arts and Crafts Sales Act of 1974, as amended, Okla. Stat. tit. 78, §§ 71-75, violates the United States Constitution’s Supremacy Clause and is therefore unconstitutional, both facially and as applied to her.

Grocery Store Prevails in Defense of Tort Suit Arising on Navajo Lands

March 29, 2019March 29, 2019Matthew L.M. Fletcher

Here are the materials in Morris v. Giant Four Corners Inc. (D.N.M.):

1 Notice of Removal

1-1 State Court Compleint

38 Giant Motion to Dismiss or Stay Pending Exhaustion

41 Response

44 Reply in Support of 38

64 DCT Order Denying 38

79 DCT Order on Negligent Entrustment

90 Giant Motion for Judgment on Pleadings

91 Giant Motion to Compel Election of Remedies or Dismiss

98 Response to 91

99 Response to 90

101 Reply in Support of 90

103 Reply in Support of 91

112 DCT Order

Havasupai Tribe v. Provencio Cert Petition [Grand Canyon Mine; NHPA Consultation]

March 28, 2019Matthew L.M. Fletcher

Here:

cert-petition-1.pdf

Question presented:

Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project requiring federal approval may have on sites of historic and cultural significance.

The question presented here is whether the NHPA imposes a continuing obligation upon federal agencies to engage in consultation under Section 106 when an agency maintains supervision of an ongoing project, and has the opportunity to require changes to mitigate adverse impacts after the initial approval.

Lower court materials here.