The materials are here, on PEER’s website. Among the arguments being made are that tribes are not entitled to “special rights” for gathering on NPS lands, absent an act of Congress.
treaty rights
Upper Skagit Tribe Prevails over Suquamish Tribe in U&A Subproceeding
Here are the materials in United States v. Washington (W.D. Wash., subproceeding 14-01):
37 Suquamish Motion for Summary J
38 Upper Skagit Motion for Summary J
Federal Court Rules in Favor of Squaxin Island in Shellfish Dispute
Here are the materials in United States v. Washington (W.D. Wash., subproceeding 89-3-09):
Cherokee Nation seeking hunting & fishing compact with OK
Here.
Members of Congressional Native American Caucus File Amicus Brief in Penobscot River Case
Here are the new pleadings in Penobscot Nation v. Schneider (D. Me.):
131 Motion to File Amicus Brief
Cross-motions for summary judgment are here. First amended complaint here.
Controversy over Makah Treaty Whaling Rights Brewing
Here is “Sea Shepherd Announces Revival of Campaign Against Makah Treaty Rights.”
An excerpt:
From the beginning some opponents of Makah whaling engaged in behavior and used rhetoric that can contribute to anti-Indian bigotry and undermine the legitimacy of treaty rights. Some spread misinformation about treaty rights, as when the Sea Shepherd Conservation Society falsely claimed in 2005 that the Treaty of Neah Bay had been abrogated. Sea Shepherd echoed the rhetoric of the organized anti-Indian movement, declaring erroneously that upholding Makah treaty rights would be “tantamount to extra special rights for a group of people based on race and/or culture.” Anti-Indian activists use this same language in their quest to terminate tribal governments and abrogate all treaties. Sea Shepherd, Project Seawolf, Australians for Animals and other groups allied their cause with then-U.S. Representative Jack Metcalf (R-WA). Metcalf (now deceased) was a leader in the anti-Indian movement who maintained a firm foot in the politics of organized white supremacy. Anti-Makah groups have lobbied, litigated and engaged in direct action, including harassing Makah whalers and the tribal community.
SCOTUS Denies Cert in Wisconsin v. LCO Night Deer Hunting Case
The petition is here.
Cross-Motions in Penobscot Nation Suit over the Penobscot River
Here are the pleadings in Penobscot Nation v. Schneider (D. Me.):
138 Intervenors Motion to Exclude
139 Penobscot Response to NPDES Permittees
We posted the first amended complaint here.
Summary Judgment Briefs in Turunen v. Michigan DNR — Treaty Right to Farm Pigs
Here are the materials in Turunen v. Michigan Department of Natural Resources (W.D. Mich.):
The claim survived an earlier motion to dismiss here.
Michigan NALSA Event on Keystone XL Pipeline
Colin Kavanaugh
The Michigan law school community
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