Line 5 Recommendations from the Special Rapporteur on the rights of Indigenous Peoples, José Francisco Calí Tzay regarding the situation of Indigenous Peoples in Canada

whitneygravelle

Here are the excerpts from the report for Line 5:

71. For example, Canada continues to support the operation of the Line 5 pipeline, despite the opposition of directly affected Indigenous Peoples in Canada and the United States of America. The transportation of crude oil and liquid natural gas by Canadian-owned Enbridge is creating the risk of a catastrophic oil spill that could contaminate the lands and waters of Indigenous Peoples on both sides of the border. Canada is advocating for the pipeline to continue operations, following the decision of a Parliamentary Committee that did not hear testimony from the affected Indigenous Peoples. The Government invoked the 1977 transit pipeline treaty with the United States to prolong Line 5 operations, which is inconsistent with its international commitment to prevent and mitigate the effects of climate change by phasing out fossil fuels.

Impact of business activities and climate change on Indigenous Peoples:

96. Canada should: (i) Suspend large-scale mining and other business activities in the Ring of Fire region and cease construction or operation of the Coastal GasLink, Trans Mountain and Line 5 pipelines, until the free, prior and informed consent of the Indigenous Peoples affected is secured.

report-of-the-special-rapporteur-on-the-rights-of-indigenous-peoples-jose-francisco-cali-tzayDownload

G. William Rice Memorial Scholarship Announcement

ilpc

2023 OBA ILS Bill Rice Scholarshp Flyer v.1

Multiple $2,000-$5,000 scholarships for law students intending to practice Indian law in Oklahoma. Applications due October 13th.

Grand Traverse Band Sues Polluter

Matthew L.M. Fletcher

Here is the amended complaint in Grand Traverse Band of Ottawa and Chippewa Indians v. Burnette Foods Inc. (W.D. Mich.):

11 Motion to Dismiss.pdfDownload
16 Amended Complaint.pdfDownload

Court of Federal Claims Dismisses Suit against U.S. Arising from Winnemucca Leadership Dispute

Matthew L.M. Fletcher

Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.):

22 First Amended Complaint.pdfDownload
23 US Motion to Dismiss.pdfDownload
25 Response.pdfDownload
28 Reply.pdfDownload
39 CFC Opinion.pdfDownload

Arizona Federal Court Dismisses Suit against Salt River’s Great Wolf Lodge Brought by Anti-Masking Assholes

Matthew L.M. Fletcher

Here are (many of the) materials in Preciado v. Great Wolf Lodge (D. Ariz.):

1 Complaint

23 Motion to Dismiss Tribe Defendants

24 Motion to Dismiss GWL Defendants

27 Motion to Strike 23

29 Motion to Strike 24

32 Reply ISO 24

36 Reply ISO 23

51 DCT Order

Lost mask in Midway Geyser by National Park Service is licensed under CC-CC0 1.0

Lexington Insurance Co. v. Smith [Suquamish] Ninth Circuit Oral Argument Video

Matthew L.M. Fletcher

Briefs here.

ABA Webinar on the NDN Law Cases of the 2022 Term

Matthew L.M. Fletcher

Join us for a free webinar hosted by the ABA CRSJ discussing Indian law cases decided by SCOTUS this term. We have a great panel, Erin Doughtery Lynch, Shay Dvoretzky, Matthew Fletcher, Lenny Powell, Pratik Shah, who will discuss the cases and the broader impact on federal Indian law principles.

Date: Tuesday, August 29, 2023
Time: 3:00 PM – 4:30 PM ET

Register HERE: https://lnkd.in/gZz6YWnJ

United States v. Michigan Consent Decree Approved by Federal Court

Matthew L.M. Fletcher

Here are the materials in United States v. Michigan (W.D. Mich.):

2131. 2023-08-24 ORDER Adopting the 2023 GL Fishing Decree.pdfDownload
2130. 2023-08-24 OPINION re the Approval of the GL Fishing Decree.pdfDownload

My last half-assed effort to keep up with the pleadings is here.

And since there are still potential billable hours, except a robust and wasteful appeal or several and, ultimately, a cert petition or several.

San Manuel Amicus Brief in Cal. SCT Insurance Case

Matthew L.M. Fletcher

Here is the amicus brief in Another Planet Entertainment LLC v. Vigilant Ins. Co. (Cal. S. Ct.):

Tribal Amicus Brief.pdfDownload

New Scholarship on AI and Indian Country

Matthew L.M. Fletcher

Adam Crepelle and Ilia Murtazashvili have posted “Artificial Intelligence on Indian Reservations in the United States: Prospects and Challenges” on SSRN. Here is the abstract:

Increases in computing power have contributed to tremendous improvements in Artificial Intelligence (AI). Despite increasing deployment of AI by public, private, and nonprofit organizations, consideration of AI on American Indian reservations remains in its infancy. In this paper, we suggest that consideration of Internet policy on tribal lands should be expanded beyond consideration of barriers to broadband access to include responsible adoption of emergent technologies, including AI. To facilitate such consideration, we consider the prospects and challenge for deployment of AI in public, private, and nonprofit applications on Indian reservations in the United States. Our particular focus is on how specific aspects of reservations offer unique opportunities as well as challenges for deployment of AI. We also argue that an important frontier in the Indigenous Data Sovereignty movement is to develop principles for responsible use of AI on reservations.

Of note, the paper asserts that AI might be especially useful for tribal courts: “Rightly or wrongly, people may have more confidence in AI than tribal judges.” OUCH.

DALL-E’s answer to “robot as tribal judge”