Fond du Lac Member Appointed to State Office

Yesterday Minnesota Governor Elect, Tim Walz, appointed Dennis Olson, Jr. as the Commissioner of Minnesota Office of Higher Education. Dennis is a citizen of the Fond du Lac Band of Lake Superior Chippewa and currently serves as the Executive Director of the Minnesota Indian Affairs Council. This appointment is part of Governor Elect Walz’s effort to increase access to education for people of color and address the disparities in prison populations.

Minnesota Lt. Governor-Elect, Peggy Flanagan, is the first ever Native American woman to be elected to state wide executive office.

Both Olson and Flanagan are graduates of the University of Minnesota American Indian Studies program.

https://minnesota.cbslocal.com/2018/12/20/walz-set-to-name-3-more-cabinet-appointees/amp/

https://kstp.com/politics/governor-elect-tim-walz-announcement-new-leadership-education-corrections-departments/5185837/

Menominee Tribe Challenge to Back 40 Mine Dismissed

Here are the materials in Menominee Indian Tribe v. EPA (E.D. Wis.):

1 Complaint

7 EPA Motion to Dismiss

14 Aquila Motion to Intervene

21 Aquila Motion to Dismiss

21 Combined Response

22 Aquila Reply

23 EPA Reply

31 EPA Supplemental Brief

32 Aquila Supplemental Brief

33 Tribe Supplemental Brief

35 Tribe Motion to Amend Complaint

38 Aquila Opposition to Motion to Amend

39 EPA Opposition to Motion to Amend

40 Reply in Support of Motion to Amend

42 DCT Order

More materials on the mine here and here.

HCI Distribution Suit against Nebraska AG Survives Motion to Dismiss

Here are the materials in HCI Distribution Inc. v. Peterson (D. Neb.):

1 Complaint

16 US Motion to Stay

18 HCI Opposition to 16

26 DCT Order Denying Motion to Stay

28 State Motion to Dismiss

29 HCI Opposition to 28

32 Reply in Support of 28

35 DCT Order

ILPC Graduate Accepts Judicial Clerkship

Congratulations to Lydia Locklear (Lumbee), a 2017 graduate of Michigan State University College of Law and recipient of the Indigenous Law Certificate. Lydia recently accepted a judicial clerkship position with the Honorable Anita Earls. Justice Earls was elected to the North Carolina Supreme Court and has an extensive background in civil rights and social justice work. Congratulations Lydia!

Dobson Cooper Scholarship - Lydia Locklear - 2

Photo: Lydia Locklear, ’17

 

ILPC alumni, please connect with us (indigenous@law.msu.edu) and share your important news! We would love to hear from you.

United States Civil Rights Commission Issues Report on Indian Affairs: “BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans”

Here.

Washington State Bar Magazine Focuses Issue on Northwest Intertribal Court System and Indian Law

Here is the December 2018 issue of NW Lawyer.

Rabang v. Kelly I: Ninth Circuit Awards Nooksack Disenrollees $91K in Prevailing Party Fees

Here:

51 11-21-18 Supplemental Opposition to the Amount of Fees Requested

52 11-26-18 Appellees’ Supplemental Reply in Support of Application for Attorney’s Fees

53 12-13-18 Order

 

Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here are the materials:

En Banc petition

Unopposed Motion for Atty Fees

Order Denying En Banc Petition

Order Granting Atty Fees

Other posts here.

Federal Court Dismisses Section 1983 Complaint against New York Oneida Police

Here are the materials in Alexander v. Nolan (N.D. N.Y.):

1 Complaint

2 IFP Motion

4 Magistrate Report

6 DCT Order

17-1 Nolan MSJ

23 Response

24 Reply

25 DCT Order

Connecticut Court Holds Tribal Business is Immune from State Dept. of Banking Authority

Here are the materials in Great Plains Lending LLC v. State of Connecticut Dept. of Banking (Conn. Super.):

Appeal

Amended Complaint

Department’s Motion to Dismiss

Great Plains Objection to MTD

Superior Ct Order Denying Motion to Dismiss

Great Plains Brief on the Merits

Department’s Brief on the Merits

Great Plains Reply

Superior Ct Order Vacating Commissioner Order