High Country News on the Southern Ute Tribe and Natural Resources

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

A few excerpts:

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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.

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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.

Challenge to Tribal Authority to Tax Non-Indians on Reservation Land

The case is Lanphere v. Wright (CA9, no decision yet), and is a part of Paul Matheson’s ongoing efforts to avoid tribal, state, and federal law (here and here).

Here are the materials in this case:

Lanphere DCT Order

Lanphere Opening Brief w addendum

Wright Response Brief

Lanphere Reply Brief

Oklahoma Supreme Court Applies Tobacco MSA to Native Wholesale Supply

Here is the opinion in Oklahoma ex rel. Edmundson v. Native Wholesale Supply.

An excerpt:

This appeal presents two dispositive issues for the court’s resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the Complementary Act against Native Wholesale Supply, a tribally-chartered corporation wholly owned by an individual of Native-American ancestry? We answer the first question in the affirmative and the second in the negative.

Court Amends Chehalis v. Thurston County Order; Outcome Stays the Same

Here is that order: DCT Order Amending Judgment.

Golden Feather Smokeshop Defendants Held in Civil Contempt

Here is the order: Order on Civil Contempt

Seneca Business Wins TRO against Enforcement of PACT Act

Here’s the short opinion in Red Earth LLC v. United States (W.D. N.Y.): Order – TRO (06-28-10).

And here’s the motion: Red Earth Motion for TRO

Miccosukee Petition to Quash IRS Subpoena in Billy Cypress Investigation

Here: Miccosukee Petition to Quash IRS Summons.

The case is captioned Miccosukee Tribe v. United States (S.D. Fla.).

Idaho Federal Court Applies Tobacco MSA to Native Wholesale Supply

Here is the opinion in State of Idaho v. Native Wholesale Supply (D. Idaho): Idaho v NWS DCT Order

Indian Smokeshop Cert Petition Filed in Challenge to Tobacco MSA

The case is Maybee v. Idaho: Maybee Cert Petition

Lower court materials here.

Question presented:

In 1998, the Attorneys General of 46 states, five U.S. territories and the District of Columbia (the “Settling States”) settled various legal actions involving antitrust, product liability and consumer protection claims against the nation’s four largest tobacco companies. In exchange for substantial sums of monies, tied in part to sales volume, to be paid by settling manufacturers, each Settling State agreed to enact and diligently enforce a qualifying escrow statute that would artificially inflate costs for other tobacco manufacturers and which “effectively and fully neutralizes the cost disadvantage that the Participating Manufacturers experience vis-a-vis Non-Participating Manufacturers.” The question presented to the Court is whether a Settling State may prohibit the sale of certain brands of cigarettes manufactured by tobacco companies that have never been sued, or otherwise alleged or found culpable for conduct giving rise to liability.