Colorado Law – Conference March 15-16, 2019

Here:

image_for_registration_1.29.19

Agenda here.

Federal Court Rejects EPA’s Effort to Dismiss Navajo Nation & State of Utah’s Suit over Gold King Mine Spill

Here are the materials in In re Gold King Mine Release in San Juan, County on August 5, 2015 (D.N.M.):

1 Transfer Order

8 Amended Complaint

41 Harrison Western Construction MTD

42 Kinross Gold MTD

44 EPA MTD

46 Weston Solutions MTD

52 Gold King Mines MTD

55 Salem Minerals MTD

58 Navajo Response to 46

59 Utah Response to 41

61 Navajo Nation Response to 44

67 Navajo Nation Response to 42 and 52

74 Reply in Support of 42

76 Reply in Support of 44

77 Reply in Support of 41

81 Reply in Support of 52

114 EPA 2d MTD

115 Kinross Gold 2d MTD

117 Weston Solutions 2d MTD

118 Salem Minerals 2d MTD

128 Allen Response to 114 etc

133 EPA Reply in Support of 114

164 DCT Order

Prior post here.

Friday Job Announcements

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.

Student Opportunities

Wisconsin Judicare, Inc.

Indian Law Office Summer Intern, Wausau, WI. (1) Assist Indian Law Office Attorneys with their cases. (2) Appear in Tribal Court on behalf of eligible clients. (3) Research relevant Indian Law Issues. (4) Participate in Indian Law office projects. Please see the position description for more information.

Michigan Indian Legal Services, Inc

(3) Summer Interns, Southwestern Michigan and Traverse City, MI. Michigan Indian Legal Services (MILS) is a statewide provider of free legal services to low income Indians and Indian tribes. MILS represents Indian individuals, families, tribes and organizations in cases that span the complete range of federal Indian law and tribal representation. For more information please see the internship position descriptions.

Job Opportunities

Zuni Tribe

Tribal Prosecutor, Zuni, NM. This position will provide prosecutor service for the Zuni Tribe in all classes of criminal offenses as well as investigate and prosecute criminal matters and related legal issues of crimes that occurred within the exterior boundary of the Zuni reservation. This position is open until filled. Please see the job description for more information.

The Legislative Branch for the Mille Lacs Band of Ojibwe

(2) Legislative Staff Attorneys, Onamia, MN. Assist the Chief Legislative Counsel in the amending, revision, and creation of Band Legislation. In order to aid in the development of progressive and practical legislation for the Band, Legislative Staff Attorneys are required to collaborate on committees with staff from all three branches of the Band’s government, attend legislative sessions, and occasionally travel to the Band’s multiple districts within the state of Minnesota. Application closes March 6, 2019. Please see the description for more information.

The Hopi Tribe

Chief Prosecutor, AZ. This position is responsible for executive and administrative control of the Hopi Office of the Prosecutor (“Office”), as well as the investigation and prosecution of crimes committed by adult and juvenile offenders within the exterior boundaries of the Hopi Reservation, and presentation of minor in need of care matters in the Hopi Children’s Court. Please see the job description for more information.

Redding Rancheria

Paralegal/Court Facilitator, Redding, CA. The Paralegal will provide legal advice on court process to litigants in tribal court. Consults directly with the Tribal Attorney and Judge and as directed with the Chief Executive Officer and the Executive Team. Processes home loan program files for Tribal Members as directed. Application closes Friday, March 8, 2019 at 3:00 pm. Please see the attached job postings.  If you have any further questions, please contact the Redding Rancheria Human Resources Department (530-225-8979).

Legal Services of South Central Michigan (LSSCM)

Lansing Staff Attorney, Lansing, MI. The staff attorney position is in the Lansing – Legal Services of South Central Michigan (LSSCM) – office, serving Ingham, Eaton, Clinton, Livingston and Shiawassee Counties. The staff attorney will provide a range of individual advocacy and impact work as a generalist, including family, consumer, public benefits and housing law. This position is opened until filled. Please see the description for more information.

Waséyabek Development Company

Executive Assistant, Grand Rapids, MI. Provide high-level administrative support to the Chief Operating Officer of WDC as well as company executives and staff by conducting researching, preparing statistical reports, handling information requests and performing clerical functions such as preparing correspondence, receiving visitors, arranging conference calls and scheduling meetings. Please see our website to apply: www.waseyabek.com

Puyallup Tribe of Indians

Associate Judge, Tacoma, WA. Serve as a hearing judge in accordance with trival Judicial Administrative Code. The term of the Associate Judge shall be three (3) years from the date of appointment by the Tribal Council. A judge may be reappointed at the expiration of a term in the discretion of the Tribal Council. Please see the job description for more information. Application closes April 1, 2019.

Center for Court Innovation

Senior Program Manager, NYC, NY. The Center for Court Innovation is seeking two Senior Program Managers to provide Technical Assistance to tribal courts. Duties will include working on a variety of tribal justice projects such as strategic planning, alternatives to incarceration, juvenile justice, tribal corrections, tribal/state relationships, healing to wellness courts, and other problem-solving initiatives. For more information please see the description. Application closes March 6, 2019.

See posts from February 22, 2019.

National Indian Law Library Bulletin (2/28/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/28/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed on 2/14/19 in:
Wilson v. Horton’s Towing, et al. (Exhaustion of Tribal Court Remedies)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Trespass and vandalism or protecting that which is holy? The missing piece of religious liberty land-use claims.
  • Presidential permitting for pipelines: Constitutionality and reviewability.
  • The Dakota Access Pipeline and the destruction of cultural heritage: Applying the crime against humanity of persecution before the ICC.
  • Bridging the jurisdictional void: Cross-deputization agreements in Indian Country.
  • Immunity inconsistency at the patent and trademark office: A case study for sovereign immunity in administrative adjudications.
  • International indigenous economic law.
  • A tiered approach to rights in traditional knowledge.
  • International indigenous economic law.
  • Dawn of a new day? The evolving relationship between the convention on biological diversity and international human rights law.
  • The fallacy of defensive protection for traditional knowledge.
  • Why is traditional knowledge different form all other intellectual property?
  • New dialogues, new pathways: Reframing the debate on intellectual property and traditional knowledge.
  • Traditional knowledge and genetic resources: Observing legal protection through the lens of historical geography and human rights.

 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
In re Greektown Holdings, LLC (Tribal Sovereign Immunity; Bankruptcy)
Stanko v. Oglala Sioux Tribe (Exhaustion of Tribal Court Remedies)
Energy Transfer Equity, LP v. Greenpeace International (Oil Pipeline; Racketeer Influenced and Corrupt Organizations Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Long v. Snoqualmie Gaming Commission (Land into Trust; Gaming)
The People ex rel. Becerra v. Huber (Jurisdiction)
Matter of S.R. (Indian Child Welfare Act – Application of)
In re. L.D. v. M.J. (Indian Child Welfare Act – Tribal Intervention)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about the State of Alaska seeking to takeover subsistence management.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following were added:
H.R.1416: To protect the legal production, purchase, and possession of marijuana by Indian tribes, and for other purposes.
H.R.1351: To amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
S.582: To amend the duties of the Financial Crimes Enforcement Network (FinCEN) to ensure FinCEN works with tribal law enforcement agencies, protects against all forms of terrorism, and focuses on virtual currencies.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Department of the Interior, Bureau of Indian Affairs, published a notice of the deadline for submitting completed applications to begin participation in the Tribal Self-Governance Program in fiscal year 2020 or calendar year 2020.

Santa Ynez Band of Chumash Mission Indians Trust Land Acquisition Docs

Here are the materials in Crawford-Hall v. United States (C.D. Cal.):

69 notice

69-1 asia decision

69-3 2017 asia decision

69-4 2014 nod

Prior post here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Here is the opinion in In re Greektown Holdings LLC.

Briefs:

buchwald-brief.pdf

sault-tribe-brief.pdf

buchwald-reply.pdf

Lower court materials and prior posts here.

American Indian Law Section Bar Study Scholarship

Please share with any 3L who may be interested in the AILS Bar Study Scholarship.

Federal Court Rejects Yakama Nation Jurisdictional Claims against Local Governments

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. City of Toppenish (E.D. Wash.):

1 Complaint

16 Yakama Nation Motion for PI

20 Toppenish Opposition

22 Reply

28 DCT Order

California Appellate Court Holds State Taxes Imposed on Tribal Member Not Preempted

Here are the materials in People ex rel. Becerra v. Huber (Cal. Ct. App.):

opinion-1.pdf

appellant-opening-brief.pdf

respondent-brief.pdf

reply-brief.pdf

appellant-supplemental-brief.pdf

appellee-supplemental-reply.pdf

appellant-supplemental-reply.pdf

Washington Appellate Court Holds Tribal Gaming Commission Immune from Suit

Here are the materials in Long v. Snoqualmie Gaming Commission (Wash. Ct. App.):

opinion.pdf

appellant-brief.pdf

appellee-brief.pdf

reply-2.pdf