Here:
8-14-13 Answer Brief of Appellees First Bank and Doug Haught (Doc 01019109189)
9-27-13 Notice of Supplemental Authority (Bittle v Bahe) letter to Circuit Clerk
Lower court materials here.
Tribal Codes
Little River Band Ottawa Signs Two More Collective Bargaining Agreements with Unions
For Immediate Release
(October 6, 2013) Manistee, MI
COLLECTIVE BARGAINING AGREEMENTS
COMPLETED UNDER TRIBAL LAW
Deepening a five year relationship under the labor law of the Little River Band of Ottawa Indians, the United Steelworkers Union and the Manistee, Michigan-based Little River Casino Resort have completed two new collective bargaining agreements. The contracts, which cover employees within the Resort’s security and slot tech departments, were ratified late last week by the USW.
“As far as we are aware, no other Indian tribe in the country has as many collective bargaining agreements entered into pursuant to tribal law,” said Wendell Long, the General Manager for the Resort, and a member of the Choctaw Nation of Oklahoma. “This exemplifies tribal sovereignty at work,” said Virgil Johnson, the elected Speaker of the Band’s Tribal Council, which is responsible for enacting the Band’s laws. “We are very proud of our success,” he said.
In 2007, the Band enacted its Labor Organizations and Collective Bargaining Law to cover employees within its public sector operations, including the Little River Casino Resort. The Band conducts gaming as a substitute for a tax base to generate revenue to support governmental services it provides to its members under the Indian Gaming Regulatory Act. The Band’s gaming revenues from the Resort provide the bulk of funds for its health programs, police department, and court system, as well as many other governmental programs.
The Band’s labor law establishes a structure for union elections, bargaining rules, and the resolution of unfair labor practice charges. “We found much to learn from the way state governments regulate collective bargaining,” said Speaker Johnson, “but in the end, this law reflects the unique values of our Ottawa community.”
The Resort and the USW have engaged in bargaining unit elections and collective bargaining over employment terms and conditions affecting more than 100 employees at the Resort. The first agreement was signed in December, 2010 and two others followed by October of 2012. According to Bill Laney, USW Staff Representative: “The USW and the Resort have developed a good working relationship and the successful outcome of these negotiations is proof that the Tribe’s collective bargaining law is now working. It gives employees a voice in determining their wages, hours and working conditions and the ratification of these two contracts shows that unit members are satisfied with the results.”
Ogema Larry Romanelli, the Band’s executive branch leader, has monitored management-union relations at the Band. “A lot of hard work and long hours have gone into the negotiation of these collective bargaining agreements,” he said. “They reflect the good faith of union and management, alike.”
Oral argument is scheduled before the United States Court of Appeals for the Sixth Circuit on Tuesday, October 8th in a case in which the National Labor Relations Board has challenged the authority of the Band to apply its labor law at the Resort.
For information on the Little River Band’s labor and employment laws, contact the Office of Public Affairs for the Little River Band of Ottawa Indians at 2608 Government Center Drive, Manistee, MI 49660. Office phone 231.723.8288. E-mail to gzaring@lrboi.com
Split Fifth Circuit Panel Affirms Tribal Civil Jurisdiction over Nonmember in Dolgencorp v. Miss. Choctaw
Here is the opinion. An excerpt:
Dolgencorp, Inc. and Dollar General Corp. (collectively “Dolgencorp”) brought an action in the district court seeking to enjoin John Doe, a member of the Mississippi Band of Choctaw Indians, and other defendants (collectively “the tribal defendants”) from adjudicating tort claims against Dolgencorp in the Choctaw tribal court. The district court denied Dolgencorp’s motion for summary judgment and granted summary judgment in favor of the tribal defendants, concluding that the tribal court may properly exercise jurisdiction over Doe’s claims. Because we agree that Dolgencorp’s consensual relationship with Doe gives rise to tribal court jurisdiction over Doe’s claims under Montana v. United States, 450 U.S. 544, 564-66 (1981), we AFFIRM the district court’s judgment.
Briefs are here.
Lower court decision and materials here.
Update in Federal Trade Commission v. Payday Financial (Martin Webb) — Defendants Ordered to Pay FTC More than $400K
Here are the new materials in Federal Trade Commission v. Payday Financial LLC (D. S.D.):
117 DCT Order Denying PF Motion for Summary J
120 FTC Memorandum of Supplemental Authority
131 DCT Order Granting Partial Summary J to FTC
Materials from the complaint here.
Updated Materials in Nooksack Disenrollment Appeal — Roberts v. Kelly
Here:
Roberts v Kelly – First Amended Complaint w Appendices
Roberts v Kelly Order Accepting First Amended Complaint
Roberts v. Kelly Declaration of Gabriel S. Galanda in Support of Motion for Contempt
Roberts v. Kelly Motion for Contempt Against Kelly Defendants
Roberts v. Kelly Motion for Reconsideration of Sua Sponte September 6, 2013 Order
Roberts v. Kelly Order Denying Motion for Contempt
Bellingham Herald: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html
Read more here: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html#storylink=cpy
Al Jazeera America!: http://america.aljazeera.com/watch/shows/live-news/2013/9/tribal-families-battleefforttorejectthem.html
Tort Claim against Quapaw Tribe and Casino Dismissed
Here are the materials in Martin v. Quapaw Tribe (N.D. Okla.):
Elizabeth Warner on Tribal Environmental Law
Elizabeth Warner has posted “Examining Tribal Environmental Law” on SSRN. Here is the abstract:
Federal environmental law recently celebrated its 40th birthday and much has been said about it in the past four decades. Today, however, little is said about the role the third sovereign, tribal nations, plays in the development of environmental law. Although some scholarship exists regarding the development of tribal environmental law, little is known about the extent to which tribes nationwide have enacted such laws. This article fills that vacuum by taking a first look at how tribal environmental law has developed and exploring the laws of one tribal nation that has enacted several environmental laws. The article also begins the discussion of what may be normative practices in the development of tribal environmental law.
Where the federal government has not pre-empted them, tribes may develop their own tribal environmental laws. The time has never been better for an examination of tribal environmental laws. From a historical perspective, Indian country has been the location of substantial environmental contamination. Today, Indian country possesses a substantial potential for natural resource development. Additionally, two recently enacted federal laws, the Indian Tribal Energy Development and Self-Determination Act of 2005 (specifically the Tribal Energy Resource Agreement or TERA provisions) and the Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act), may spur development of tribal environmental laws. To take advantage of “streamlined” development provisions under both the TERA provisions and HEARTH Act, tribes must develop certain environmental review provisions. These factors in combination with the fact that the environment plays an important cultural and spiritual role for many tribal communities mean that now is an optimum time to consider tribal environmental law.
To start this important discussion on existing tribal environmental law, the article begins in Part II with an introduction to environmental law that is applicable in Indian country, establishing a foundation from which to explore the development of tribal environmental law. Next, in Part III, the article examines facts that may drive the development of tribal environmental law today. In addition to the fact that many tribes have historically faced substantial environmental contamination, modern factors likely to impact most tribal nations include the promotion of tribal sovereignty and also the need to respond to emerging environmental concerns. The article next describes and classifies the laws of 74 federally recognized tribes, highlighting environmental laws the tribes have enacted. This portion of the article concludes that a significant number of federally recognized tribes have no publically available tribal environmental laws. In light of this finding, Part V examines the existing laws of one tribal nation, the Navajo Nation, which has actively developed its tribal environmental laws. Moreover, Part V also begins the discussion of what may be norms for the development of tribal environmental law in the future. In this regard, this article establishes the foundation for the development of a robust examination of tribal environmental law.
Judge Hogan Sets Cherokee Freedmen Oral Argument for April 29, 2014
Colville Enacts Same-Sex Marriage Recognition Statute
Here (h/t here). They join Coquille, Suquamish, Little Traverse, Pokagon, and Santa Ysabel. For other tribes interested, see the toolkit Ann Tweedy posted a while back.
An important point:
Practically speaking, Finley said, it will mean that gay partners can have the same rights as a married couple of different sexes. One change already enacted allows anyone who works for the tribe to add a spouse of the same sex to their insurance and benefits.
He said the tribe will now begin modifying its other codes, plans and policies to make sure they agree with the newly passed amendment.
Federal Court Orders Tribal Exhaustion in Coeur d’Alene Reservation Waste Dumping
Here are the materials in St. Isidore Farm LLC v. Coeur D’Alene Tribe of Indians (D. Idaho):
3-1 St. Isadore Motion for TRO
21 Coeur d’Alene Motion to Dismiss
61 DCT Order Granting Motion to Dismiss
News coverage here.
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