Washington SCT Holds that State Has No Jurisdiction over Off-Rez

Opinion here:

84716-9opinion

Briefs are here.

Tribal Comments on Wisconsin Mining Proposal

Related to Matthew’s Dec 13 post on tribal objections to proposed Wisconsin mining legislation, see this post here outlining tribal comments at a recent public hearing. Representatives from several Wisconsin tribes pointed out the failure to consult with tribes about legislation that could negatively impact their treaty rights, tribal lands/waters and culturally significant resources.

Washington SCT Decides Five Corners Family Farmers v. State — Groundwater Allocation Case

Here is the majority and here is the dissent.

Here is the tribal amicus brief.

Charles Cleland’s New Book: “Faith in Paper: The Ethnohistory and Litigation of Upper Great Lakes Indian Treaties”

Charles Cleland’s heavily anticipated new book (Univ. of Michigan Press website here) is now available! I’ve read the first few chapters and it’s wonderful.

Here is the book blurb:

Faith in Paper examines the reinstitution of Indian treaty rights in the upper Great Lakes region during the last quarter of the twentieth century, focusing on the treaties and legal cases that together have awakened a new day in Native American sovereignty and established the place of Indian tribes in the modern political landscape. The book discusses the development of Indian treaties in historic time and their social and legal context; specific treaties regarding hunting, fishing, and gathering rights as well as reservation issues; and the impact of treaty litigation on the modern Indian and non-Indian communities of the Great Lakes region. The book is both an important contribution to the scholarship of Indian legal matters and a rich resource for Indians themselves as they strive to retain or regain rights that have eroded over the years.

And here is the Traverse City Record-Eagle news coverage of the release of the book. An excerpt:

Written over the last five years, this 390-page book is the first comprehensive examination of 18 primary and 21 secondary treaty court cases in Michigan, Wisconsin and Minnesota. Cleland was the only person to be involved in all of the cases.

The decisions significantly changed perceptions of Native American tribes and their fishing, hunting and gathering rights, Cleland said.

The treaties gave Native Americans a different status under the law than other Americans, he said. Native Americans had always had fishing, hunting and gathering rights. The rights were not granted by the state or federal government.

“The string of court victories gave today’s Indians a legitimacy in the eyes of the larger population,” Cleland said. “It gave them a newfound political sovereignty, real clout and power.”

State governments claimed the treaties were “dead” and irrelevant at the time the cases were filed.

The Michigan Department of Natural Resources argued that the state had a right to regulate tribal fishermen who used gill nets because Michigan had banned the nets in the 1960s.

State attorneys also claimed that the nets were not native technology but introduced by the French in the early 17th century.

But Cleland’s 1966 dissertation, “The Prehistoric Animal Ecology and Ethnozoology of the Upper Great Lakes Region,” noted that Michigan’s earliest Native Americans had been using the nets at least 1,000 years before European contact.

U.S. District Judge Noel Fox reaffirmed treaty rights for Michigan’s federally recognized Ottawa and Chippewa tribes in a landmark 1979 ruling.

Bad River Band Opposition to Wisconsin Legislation Supporting Mining Operation at the Bad River Headwaters

The Bad River Band of the Lake Superior Tribe of Chippewa Indians is working to defeat a plan to develop a mine at the headwaters of the Bad River.  Members of the Wisconsin State Assembly unveiled a bill earlier this week that would drastically reduce the environmental protection that keeps communities safe. The bill and the plan to mine the Penokee Hills threatens the Band’s entire way of life.  Chairman Mike Wiggins, Jr. plans to present the letter to the Governor today at an economic summit in Minocqua, Wisconsin.  Tomorrow, the Chairman plans to testify at the public hearing on the bill set for 10 AM in Milwaukee (348 miles away from the proposed mine site).

Here are the relevant materials:

12 07 11 press release (clean)

Bad River Press Release 12.13.2011

Mining Bill 11-28-11

Washington Supreme Court Finds State Has Jurisdiction in Washington v. Comenout

Previous materials here.

Opinion here.

ALEXANDER, J.—The primary issue presented by this case is whether the State of Washington has jurisdiction over members of Indian tribes who sell unstamped cigarettes without a license at a store that is located on trust allotment land that is outside the boundaries of an Indian reservation. We conclude that the State does possess jurisdiction in such cases, and, thus, we affirm the trial court’s denial of the motion of the defendants herein to dismiss the charges against them.

Update in Hul’qumi’num Land Claim: Press Release and Link to IACHR Presentation this Weekend

The Hul’qumi’num Land Claim presentation before the Inter-American Commission on Human Rights WILL BE WEBCAST LIVE ON THE IACHR WEBSITE on Friday, October 28 and 9am ET, from the Padilha Vidal Room of the Commission, and will also be available for taped viewing after that on the Commission’s website.

Here are additional details, and news about a post-hearing press conference:

Canadian First Nations Secure Hearing before

International Rights Commission in Washington, D.C.

 Press release (PDF)

Ladysmith BC – The Hul’qumi’num Treaty Group (HTG) will hold a media briefing conference call on Friday, October 28, 2011, following the Inter-American Commission on Human Rights (IACHR) hearing on the merits of their land rights claims.  This case is significant because it is the first time that IACHR is considering a Canadian indigenous land rights issue.

“This represents a historic opportunity to address a human rights issue in Canada that could have far-reaching implications for the indigenous movement worldwide,” saidRobert Morales, Chief Negotiator for the HTG.

HTG has had a longstanding petition against Government of Canada for failing to secure, recognize and safeguard the property rights of the Hul’qumi’num indigenous peoples in their ancestral lands.

Morales added: “We are not asking to turn back the clock and investigate historic wrongs; rather urging effective resolution of land rights and consultations with the Hul’qumi’num indigenous peoples regarding the on-going deforestation and development activities by private corporations.”

WHAT: Press briefing conference call following IACHR hearing on Hul’qumi’num land rights case.

WHEN: Friday, October 28, 2011 at 12:00 noon U.S. EDT/ 9 a.m. BC time.

WHERE: Dial in to the following conference numbers:

U.S. Toll free: 1-888-529-0347

Canada/International: +1-719-234-7500

Pass code: 283634

WHO:  Chief Richard Thomas, Chief Lydia Hwitsum, Robert A. Williams, Robert Morales HTG Spokespersons; Craig Benjamin, Amnesty International; Heather Neun, Lawyers Rights Watch Canada; and, Jody Wilson Raybould, Assembly of First Nations.

For additional details and to RSVP, please contact:

Rosanne Daniels

250-710-2201

Htg-rdaniels@shaw.ca

Kelly Cross

202-530-4528

Kelly.cross@bm.com

Elizabeth Berton-Hunter

416-363-9933 ext. 332

Bberton-hunter@amnesty.ca

 

Here is an additional press release from supporting organizations: Continue reading

Saginaw Chippewa Indian Tribe Sues NLRB

Here are the materials in Saginaw Chippewa Indian Tribe v. National Labor Relations Board (E.D. Mich.):

SCIT Complaint

SCIT Motion for Preliminary Injunction

TT’s own Andrew Adams is co-counsel on this one.

Federal Court Decides U.S. v. Washington Shellfish Implementation Plan Dispute Between Squaxin and Private Geoduck Farmers

Here is that opinion:

DCT Order

 

Sen. Bill Bradley on the Lower Elwha Dam Removal

Here are his remarks:

Sen. Bradley Elwha Remarks