Here are the materials in Kialegee Tribal Town v. Zinke (D.D.C.):
Research
Tribes Sue over Keystone XL Pipeline
Here:
ROSEBUD SIOUX TRIBE AND FORT BELKNAP INDIAN COMMUNITY FILE SUIT AGAINST KEYSTONE XL
The Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) in coordination with their counsel, the Native American Rights Fund, on September 10, 2018, sued the Trump Administration in the U.S. District Court for the District of Montana, Great Falls Division, for numerous violations of the law in the Keystone XL pipeline permitting process. The Tribes are asking the court to declare the review process in violation of the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA) and to rescind the illegal issuance of the Keystone XL pipeline presidential permit.
On March 23, 2017, the U.S. Department of State granted TransCanada’s permit application and issued it a presidential permit to construct and operate the Keystone XL Pipeline. This decision reversed two previous administrative decisions and was done without any public comment or environmental analysis. The permitting process was completed only 56 days after TransCanada submitted its application for the third time. The State Department provided no explanation in the 2017 decision for its contradictory factual finding; instead, it simply disregarded its previous factual findings and replaced them with a new one. The reversal came as no surprise. According to a 2015 personal public financial disclosure report filed with the Federal Election Commission, then-candidate Trump held between $250,000 and $500,000 worth of stock in TransCanada Pipelines,Trump permitted the Keystone XL pipeline because he wanted to. It was a political step, having nothing to do with what the law actually requires. NARF is honored to represent the Rosebud Sioux and Fort Belknap Tribes to fully enforce the laws and fight this illegal pipeline.”
Snaking its way from Alberta to Nebraska, the pipeline would cross the United States-Canada border in Philips County, Montana, directly adjacent to Blaine County and the Fort Belknap Indian Reservation. The pipeline would cross less than 100 miles from the headquarters of the Fort Belknap Indian Reservation and run directly through sacred and historic sites as well as the ancestral lands of the Gros Ventre and Assiniboine Tribes. In South Dakota, the pipeline would cross through Tripp County, just miles from the boundaries of the Rosebud Indian Reservation and within yards of Rosebud’s trust lands and tribal members’ allotments. These lands are well within the area of impact for even a small rupture and spill. There are countless historical, cultural, and religious sites in the planned path of the pipeline that are at risk of destruction, both by the pipeline’s construction and by the threat of inevitable ruptures and spills if the pipeline becomes operational. Additionally, the Rosebud Sioux Tribe operates its own water delivery system, which is part of the Mni Wiconi Rural Water Supply Project. The pipeline would cross the two sources of water for the Mni Wiconi Project.
Despite all of these facts, throughout the permitting process, there was no analysis of trust obligations, no analysis of treaty rights, no analysis of the potential impact on hunting and fishing rights, no analysis of potential impacts on the Rosebud Sioux Tribe’s unique water system, no analysis of the potential impact of spills on tribal citizens, and no analysis of the potential impact on cultural sites in the path of the pipeline, which is in violation of the NEPA and the NHPA.
William Kindle, who was president of the Rosebud Sioux Tribe in August 2018 when the Tribal Council authorized NARF to finalize and file this lawsuit, stated at that time that, “As President of the Rosebud Sioux Tribe, I want to make it perfectly clear, and give fair warning to President Trump, Secretary Zinke, The United States Army Corps of Engineers, TransCanada and their financial backers and potential investors, South Dakota Governor Daugaard, Representative Noem, and Senators Thune and Rounds that the Rosebud Sioux Tribe opposes the construction of the Keystone XL pipeline. Through our attorneys—the Native American Rights Fund—the Rosebud Sioux Tribe will use all means available to fight in the courtroom this blatant trespass into Sicangu Lakota territory.”
Find out more about the Keystone XL Pipeline and the tribes’ opposition.
Sober Support in Tribal Communities
Do you want to incorporate sober support requirements in your court orders for people who are substance users, but don’t know much about sober support? Are you interested in unique sober support options? Join us for our next FREE webinar on Sober Support in Tribal Communities to learn more!
Tenth Circuit Briefs in Diné Citizens Against Ruining Our Environment v. Zinke [Chaco Canyon Fracking]
Here:
Lower court materials here.
En Banc Petition Materials in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals
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 Indian law or leadership job, please send a brief description of the job and a PDF job announcement to indigenous@law.msu.edu.
Nottawaseppi Huron Band of the Potawatomi
Tribal Prosecutor/ICWA Attorney, Fulton M.I. The Nottawaseppi Huron Band of the Potawatomi seeks a licensed attorney to serve as Prosecutor/ICWA Attorney for the Tribe to be appointed for an approximate term of four (4) years (January 1, 2019-December 31, 2022). This is a contractual, part-time position and will be compensated on an hourly basis. The NHBP Prosecutor serves as the chief law enforcement officer of the Tribe. Please see the job announcement for more information. Applications due no later than October 5, 2018.
Chief Judge, Fulton, M.I. The Nottawaseppi Huron Band of the Potawatomi seeks a Chief Judge for the Tribal Court to be appointed for an approximate term of four (4) years (January 1, 2019-December 31, 2022). This is a part-time position and will be compensated on an hourly basis. The position does require flexible hours as required to address requests for warrants and hearings requiring emergency or expedited consideration. The NHBP Constitution requires that Supreme Court Justices must: have attained the age of thirty (30); be a licensed attorney in good standing; cannot be a Member of Tribal Council or running for a Tribal Council position or a Tribal employee; and never been convicted of, or entered a plea of guilty or no contest to, a violent crime, felony, or a crime of fraud. Candidates must have experience in the practice of Indian law, whether in tribal, state or federal court(s). Judicial experience and 5 or more years experience as a licensed attorney and/or judge is preferred. Please see the job announcement for more information. Applications close on October 5, 2018.
Associate Justice, Fulton, M.I. The Nottawaseppi Huron Band of the Potawatomi seeks an Associate Justice for the Supreme Court of the Tribe to be appointed for an approximate term of six (6) years (January 1, 2019-December 31, 2024). This is a part-time position and will be compensated on an hourly basis. The NHBP Constitution requires that Supreme Court Justices must: have attained the age of thirty (30); be a licensed attorney in good standing; cannot be a Member of Tribal Council or running for a Tribal Council position or a Tribal employee; and never been convicted of, or entered a plea of guilty or no contest to, a violent crime, felony, or a crime of fraud. Candidates must have experience in the practice of Indian law, whether in tribal, state or federal court(s). Judicial experience and 5 or more years experience as a licensed attorney and/or judge is preferred. Please see the job announcement for more information. Applications close on October 5, 2018.
Fort McDowell Yavapai Nation
Senior Assistant General Counsel, Fountain Hills, A.Z. The Fort McDowell Yavapai Nation is seeking a Senior Assistant General Counsel. Some of the duties of the Senior Assistant General Counsel include: serve as legal advisor to the Tribal Council, tribal government departments and economic enterprises; perform high level legal research and analysis in numerous areas of law and policy related to Federal Indian and Indian Law; provide legal advice and analysis of tribal, State and Federal laws and regulations, specifically in relation to water and environmental law and policies; draft and revise the Tribal Constitution, Law and Order Code, other tribal laws, ordinances, and policies; work at hours and times outside of normal business hours and days; draft, review and recommend changes to various contracts; review other agreements, proposals; represent the Fort McDowell Yavapai Nation in Tribal, State and Federal court actions; and perform other duties as assigned or required. Please see the job announcement for more information. Applications close on October 2, 2018.
Wisconsin Judicare
Staff Attorney, Indian Law Office, Wausau, W.I. Wisconsin Judicare’s Indian Law Office has an immediate opening for an attorney to represent Native American individuals and groups on a variety of issues including criminal defense representation in tribal courts and Indian law litigation in tribal and state courts. Attorney must be admitted to practice law in Wisconsin; have good communication skills; knowledge of Native American issues is preferred. Attorney must have experience or a strong interest in poverty law and be willing to provide brief services and/or representation to eligible low-income Wisconsin residents and Native Americans. All staff attorneys are expected to share responsibility for the development and maintenance of good working relationships with community groups, as well as with state and local bar associations. Travel may be required. Please see the job announcement for more information.
Tlingit and Haida Indian Tribes of Alaska
Magistrate, Juneau, A.K. The Tlingit and Haida Indian Tribes of Alaska are seeking a Magistrate. The Magistrate will hear and decide, as well as enter judgments and orders, on judicial matters on paternity, child support, and enforcement of child support orders. Please see the job announcement for more information.
Court Coordinator, Juvenile Healing to Wellness Court, Juneau, A.K. he Tlingit and Haida Indian Tribes of Alaska are seeking a Juvenile Healing to Wellness Court Coordinator. The Coordinator will facilitate planning, development, and implementation for the Juvenile Healing to Wellness Court. Please see the job announcement for more information.
Oglala Sioux Tribe
In-House Counsel, Pine Ridge, S.D. The Oglala Sioux Tribe has three (3) In-House Counsel positions open. The In-House Counsel(s) will work for the OST Council, the Executive Committee and with two (2) Tribal Council Standing Committees each as listed below: Land Committee, Health and Human Services Committee, Education Committee, Economic and Business Development Committee, Law and Order Committee and Finance Committee. Salary based on experience and budget. Must have a minimum of 5 years of experience specializing in Indian Law.
Please submit:
- Letter of Intent
- Resume with three references
- Certificate of Good Standing,
- Copy of valid state bar license(s)
- State and Federal background checks and hair follicle drug test results mailed directly from the facility to the Legal Department.
CLOSING DATE: OCTOBER 31, 2018.
SUBMIT DOCUMENTS TO: Lisa Cummings, OST Legal Department, PO Box 1204, Pine Ridge, SD 57770 – EMAIL: LisaC@ostlegal.org or FAX: 605-867-2140.
Nisqually Indian Tribe
Tribal Prosecutor, The Nisqually Indian Tribe is seeking a Tribal Prosecutor. The Tribal Prosecutor will represent the Tribal in all criminal matters in Tribal, State, and Federal jurisdictions. The Prosecutor will advise the Tribal Council and other departments on criminal matters. The Prosecutor will also represent the Tribe in Indian Child Welfare cases in Tribal and State court, and advise the Indian Child Welfare Department. The position will also be expected to assist with other civil matters, and occasional in-house legal duties as requested. The position is expected to be full-time. Please see the job announcement for more information.
Last week’s postings: August 31, 2018.
Cross-Motions for Summary Judgment in Wisconsin Oneida Reservation Boundaries Case
Here are the materials in Oneida Nation v. Village of Hobart (E.D. Wis.):
94 Hobart Motion for Summary J
96 Oneida Motion for Summary J
Prior post here.
Federal Court Holds Nonrecognized Tribe May Not Issue Hunting and Fishing Permits But Does Not Issue Injunction under 18 U.S.C. § 1343
Here are the materials in United States v. Uintah Valley Shoshone Tribe (D. Utah):
26 Defendants Brief on Plenary Power
Federal Court Orders ICRA Habeas Petitioner to Join a Tribal Respondent [Pueblo of Kewa]
Here are the materials in Cheykaychi v. Giesen (D. Colo.):
Materials (so far) in Stillaguamish U&A Subproceeding
Here are the materials in United States v. Washington subproceeding 17-03 (W.D. Wash.):
4 Stillaguamish Request for Determination
Turtle Talk 
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