Federal Court Lifts Remainder of Injunction against Enforcement of PACT Act

Here are the updated materials (h/t Indianz):

US Motion to Stay

Seneca Free Trade Assn Motion for Injunction

US Response to Seneca Free Trade Assn

Red Earth Response to US Motion for Stay

Red Earth Response to Seneca Free Trade Assn

Order – (8-12-10)

Earlier materials are here.

Court Order in Miccosukee IRS Tax Summons Case

Here: DCT Order Partially Granting US Motion.

Original Miccosukee petition to quash here, and briefs here.

Briefing in Miccosukee Dispute with IRS re: Tribal Income Records

Here are the updated materials in :

US Opposition to Petition

Miccosukee Response

US Reply

The Miccosukee petition to quash is here.

Federal Court Preliminary Injunction in PACT Act Tobacco Case

Here is an update in Red Earth LLC v. United States (W.D. N.Y.) (news article here, via Pechanga):

USA Opposition to Motion for PI

Order – PI (7-30-10)

The TRO materials are here.

Seminole Tribe Answer Brief in State Taxation Case

Here: Seminole Tribe brief.

Opening brief here.

Opening Brief in Florida v. Seminole Tribe State Court Tax Case

Here: Florida Appellant Brief

Ninth Circuit Rejects Challenge to Tax on Non-Indians

Here is the opinion in Lanphere v. Wright.

Briefs here.

Madison County v. Oneida Indian Nation Cert Petition

Here: Madison County cert petition.

Questions presented:

The questions presented in this case are:

1. whether tribal sovereign immunity from suit, to the extent it should continue to be recognized, bars taxing authorities from foreclosing to collect lawfully imposed property taxes.

2. whether the ancient Oneida reservation in New York was disestablished or diminished.

Lower court materials here.

High Country News on the Southern Ute Tribe and Natural Resources

Here is the link to this article, “The Ute Paradox.”

A few excerpts:

* * *

Less than a century ago, the Southern Utes were barely hanging on, squeezed onto an unremarkable sliver of reservation land, a new and foreign way of life thrust upon them. Even as late as the 1950s, many had no running water or noticeable income. But today, as the bidding at the Superdome showed, the once-impoverished tribe is a financial powerhouse. With tribal businesses in 14 states, ranging from Gulf crude to upscale San Diego real estate, the 1,400 or so tribal members are, collectively, worth billions.

They didn’t strike it rich on casino gambling. Instead, the Southern Utes built their empire slowly, over decades, primarily by taking control of the vast coalbed methane and natural gas deposits that lie under their land. They’ve achieved cultural, environmental and economic self-determination through energy self-determination — a feat rarely accomplished, whether by Indians or non-Indians.

* * *

From this nerve center, the tribe’s energy arm has reached into at least eight other states. The real estate arm owns or invests in developments and buildings in Denver and its suburbs, the San Diego suburb of Oceanside, as well as Kansas City, Houston and Albuquerque. The tribe’s GF Private Equity portfolio — for which the tribe is reportedly seeking a buyer, so that it can concentrate more on oil and gas — includes biotech ventures and defense contractors. Closer to home, the tribe is developing Three Springs, a “new urban” community between the reservation boundary and Durango. To help launch it, the tribe donated land for a new Durango hospital, to serve as an anchor for as many as 2,200 new residential units. The tribe’s net worth now stands at somewhere between $3.5 billion and $14 billion.

The tribe also has its own environmental standards, which are as strong as or stronger than state or federal regulations, and it is on the brink of getting federal approval for its sovereign air quality code. The first of its kind in the U.S., the code will empower the Southern Utes to tighten air-quality standards and administer permits under the federal Clean Air Act. The tribe has put parts of the reservation off-limits to all drilling, and it’s partnered with Solix Biofuels to create an algae-to-biofuel facility on the reservation. It took control of the tribal medical clinic in order to improve care, built a state-of-the-art recreation center, and has a groundbreaking Ute language program in its school. The Southern Ute Community Action Program runs alcohol and substance abuse treatment centers, a senior center, and job-training programs. Every member has the option of accepting a full college scholarship from the tribe. And the Southern Utes continue to follow older traditions such as the Bear and Sun Dances, which draw huge crowds each summer.

* * *

Matthew Fletcher, director of the Indigenous Law Center at Michigan State University, says the tribal companies remain unique: Their money goes through the government, while a private corporation’s goes to profit-hungry stockholders. “The perception I’m trying to avoid is that the tribes are any old private enterprise and for-profit machine,” says Fletcher. The Southern Ute financial empire is not a corporation; it’s a government.

Continue reading

Tenth Circuit Affirms Dismissal of Muscogee (Creek) Tax Case under Eleventh Amendment

Here is the opinion in Muscogee (Creek) Nation v. Oklahoma Tax Commission.

Briefs are here.

Lower court materials here.