LA Times: Badlands Revert Back to Oglala Lakota?

From the LA Times:

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BADLANDS NATIONAL PARK, S.D. — The southern half of this swath of grasslands and chiseled pink spires looks untouched from a distance. Closer up, the scars of history are easy to see.

Unexploded bombs lie in ravines, a reminder of when the military confiscated the land from the Oglala Sioux tribe during World War II and turned it into an artillery range. Poachers who have stolen thousands of fossils over the years have left gouges in the landscape. On a plateau, a solitary makeshift hut sits ringed by empty Coke cans and shaving cream canisters. It is the only remnant of a three-year occupation by militant tribal activists who had demanded that the land be returned.

Now the National Park Service is contemplating doing just that: giving the 133,000-acre southern half of Badlands National Park back to the tribe. The northern half, which has a paved road and a visitor center, would remain with the park system.
(H/T Patrick O’Donnell)

Klamath Tribe v. Pacificorp Cert Petition

This was filed May 28. The docket number is 07-1492. Our previous post is here.

Klamath Cert Petition

Samish Indian Tribe v US — DCT Dismisses for Lack of Jurisdiction

This case may harbor some bad news for Michigan tribes who had been administratively terminated and still hoping to be able to recover for the years that the federal government illegally failed to provide services.

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us-motion-to-dismiss-samish-complaint

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Keepers of the Fire: The Potawatomi Nation by John Low

Here is an outstanding powerpoint presentation about the history from pre-contact to modern day of the Pokagon Band of Potawatomi Indians. It’s a large pdf of the powerpoint.

University of Michigan Anishinaabemowin Classes Profiled

In USA Today:

DETROIT (AP) — The statistics might not be promising, but personal experience offers Brooke Simon hope that her ancestors’ language won’t disappear.

Lecturer Margaret Noori leads a weekly Ojibwe language study group at the University of Michigan, Thursday, April 3, in Ann Arbor, Mich.

“I can walk down the street and hear someone yell ‘aanii!’ from across the street,” said the 20-year-old University of Michigan student, referring to a greeting in Ojibwe, or Anishinaabemowin. “Students aren’t afraid to use the language and learn about this language.”

Simon participates in the Ann Arbor university’s Program in Ojibwe Language and Literature, one of the largest of its kind in the nation. It seeks to teach and preserve the American Indian language spoken by about 10,000 in more than 200 communities across the Great Lakes region — but 80% of them are older than 60.

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Federal Circuit Denies Western Shoshone Attempt to Reopen Dann Case

western-shoshone-v-us-fed-circuit-opinion

The briefs and materials are here.

Saginaw Chippewa v. Michigan Reservation Boundaries Update

Laches has reared its ugly head in this case of course. Pending are motions from the United States and the Tribe to strike witnesses and defenses relating to laches, impossibility, estoppel, etc., and a government motion for partial summary J on the defenses.

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isabella-county-response-to-both-motions-etc

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–gulig-report [michigan expert witness]

–karamanski-report [michigan expert witness]

New Jersey v. EPA: Industry En Banc Petitions Denied

Here is the order-denying-rehearing-en-banc-petitions-05-1097.

Appellate Court Rejects EPA, Industry Bid To Overturn Mercury Ruling

A key appellate court has rejected EPA and utility industry requests to rehear and overturn a ruling from a three-judge panel vacating the agency’s clean air mercury rule (CAMR), leaving supporters of the contentious rule with the option to either abandon it altogether or appeal the case up to the Supreme Court.

Environmentalists, however, doubt that the government will appeal the ruling to the high court, but leave open the option that industry may. “I would be astounded if the Solicitor General’s office walked this dog up to the Supreme Court’s steps to soil those grounds. The utility industry on the other hand follows different public health practices,” John Walke, clean air director at the Natural Resources Defense Council, said in a May 20 statement.

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Indians DO Pay Taxes!

Here is a recent decision from the U.S. Tax Court called Green v. Commissioner. From the opinion:

When income payable to a person is shunted away to pay a debt, it normally still counts as taxable income. This is just what happened to Green in the years at issue here-1997, 1999, and 2000. But Green never filed Forms 1040 for those years. Nor did he make estimated income tax payments. Instead, as he had done since at least 1991, he sent to the IRS documents called “Treaty-Based Return Position Disclosure Under Section 6114.” In these documents, he claimed that he was exempt from taxation under an 1815 treaty between the United States and the Potawatomi tribe. [footnote 6 is here — interesting reading] Treaty with the Potawatomies, Sept. 8, 1815, art. 2, 7 Stat. 131. A footnote in a much tinier font set out his income for each year. Accompanying the big-font, little-font assertion of his tax-exempt status was a cover letter, a summary of purported legal arguments for his treaty-based return position, a photocopy of the regulations applicable to section 6114, copies of computer screen printouts that Green claims show the Commissioner’s agreement with his decision not to file returns, a long article written by Green himself describing his belief that tribal Potawatomi are exempt from income tax, and copies of caselaw supposedly supporting his arguments.

Obama on the Cherokee Freedmen

From the AP:

TULSA, Okla. (AP) – Democratic presidential candidate Barack Obama believes Congress should let the judicial system do its work before getting involved in a dispute over Cherokee citizenship.

Obama says an injunction is in place protecting the rights of Cherokee freedmen, and Congress should not undermine the legal process.

Cherokee citizens voted last year to take away the tribal citizenship of the freedmen, who are descendants of slaves formerly owned by the tribe.

Lawsuits over the matter are pending in federal and tribal court.

Obama says federal intervention in internal matters of Indian tribes is rarely productive, and Congress should let the Cherokees decide the matter.