New Student Scholarship on Tribal Courts and Environmental Tort Litigation

Helia Bidad has published “The Power of Tribal Courts in Ongoing Environmental-Tort Litigation” in the Yale Law Journal. Here is the abstract:

Cities, counties, and states across the country are bringing environmental and climate tort suits to hold environmental tortfeasors accountable. These cases are commonly brought in state and federal court, but the possibility of bringing these suits in tribal courts has largely been left out of the discussion. In the wake of attacks on tribal sovereignty in the form of tribal jurisdiction stripping, this Essay uses an original empirical analysis of 308 cases to understand the circumstances in which tribal-court jurisdiction currently exists for tribal members to sue nonmembers for environmental torts in tribal court. This Essay makes recommendations for how to strategically bring these suits and highlights important considerations for tribal sovereignty.

Friday Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send all of the following information to indigenous@law.msu.edu

In the email body:

A typed brief description of the position which includes

  • Position title
  • Location (city, state)
  • Main duties
  • Closing date
  • Any other pertinent details, such as a link to the application
  • An attached PDF job announcement or link to the position description

Environmental Law Institute

Senior Manager, Attorney Education. Washington D.C. As a part of ELI’s Education team, the Senior Manager of Attorney Education’s primary objective is to help develop and deliver programs for members consistent with ELI’s mission, with a focus on developing ELI’s Annual Boot Camps and CLE events. Associated tasks involve tracking current events and legal policies relevant to environmental law and policy, as well as developing concepts and write-ups for trainings, master classes, programs, major conferences, and cosponsored conferences. Application Deadline: 2/28/23.

Manager, Educational Programs. Washington D.C. As a part of ELI’s Education team, you will help plan the logistics for high-quality attorney trainings and educational programming that serves the interests and needs of ELI’s membership and the environmental law profession the world over. The Education team puts on 50+ programs a year and is key to setting the agenda and curriculum for what our members and the environmental law community around the world need to know now. As the Manager of Educational Programs, you will be setting up and helping plan educational events for those in the know in the environmental law field. Application Deadline: 2/28/2023.

Director, Communications. Washington D.C. The Environmental Law Institute is seeking a Director of Communications to support its efforts to realize environmental progress by leading all of the Institute’s communications initiatives.  They work with everyone at the organization, from the President to interns, to ensure cohesive, strategic, and inspiring communications.  They cultivate and maintain ELI’s organizational voice in a way that motivates people to act and helps position ELI to benefit fundraising, awareness, and impact.  The Director looks at ELI holistically and “connects the dots” between departments and programs as they relate to communications and marketing.  This position is key both to deepening the reach and impact of ELI’s work, as well as to supporting vital development efforts. Application Deadline: Open until filled.

Grand Canyon Trust

Climate Fellow. Remote AZ, UT, NM, CO. Gain a deep understanding of the Trust’s mission and vision and what our strengths are as an organization. Play an as-needed support role for the energy director in a long-standing campaign to gain permanent protection for the Grand Canyon region from uranium mining. Assemble a comprehensive list of climate action needs and climate action obstacles for the region. Conduct research and analysis of current and projected national and regional climate legislation. Summarize current climate related work that is already being done on the plateau by other organizations, government entities, and grassroots groups. Craft a revised long-term goal for approval by the board of trustees in coordination with the energy director, conservation director, and executive director. Closes 3/6/23.

The Saginaw Chippewa Indian Tribe of Michigan

Senior Associate General Counsel. Mt. Pleasant, MI. Under the supervision of General Counsel, represent the tribe in all judicial and administrative forums and in the tribe’s governmental and business relations with all persons, organizations and entities, public and private, excluding representation performed by the General Counsel. Open Until Filled.

Circle Law Group, P.C

Attorney. Sacramento, CA. The Circle Law Group, P.C. is an American Indian owned law firm representing tribal governments and tribal businesses across the state of California and western states. The Circle Law Group seeks two attorneys to represent firm clients in business development, government negotiations, tribal housing, land acquisition, land use planning, cultural resource protection and representation related to internal tribal governance matters. A qualified attorney candidate will work in the Sacramento office or in a hybrid mode. Seeking two qualified candidates. Position open until filled.

Sycuan Casino Resort

Assistant General Counsel. El Cajon, CA. Serves as Assistant or Deputy legal representative to the Sycuan General Counsel, and as an advisor to the Sycuan Band of the Kumeyaay Nation. Closing date: open until filled.

Tulalip Tribes

Attorney – Child Support. Tulalip, WA. Drafts and reviews various legal pleadings, motions, documents and correspondence necessary to litigate child support cases and meet all applicable time frames and deadlines. Represents the Tulalip Tribes in civil proceedings regarding the Tulalip Child Support Program. Provides legal advice and support to Tulalip Child Support Program staff members. Reviews child support recommendations and worksheets prepared by the Tulalip Child Support  Program. Works cooperatively with Tulalip Child Support Program to ensure timely flow of cases. Drafts and revises Tribal Codes, procedures, templates, and forms. Conducts legal research concerning Tribal, Federal, and State Law. Participates in planning, legal advice and strategy sessions with the Board of Directors and government departments. Closing Date: March 5, 2023.

Sault Ste. Marie Tribe of Chippewa Indians

Senior Staff Attorney/Staff Attorney. Sault Ste. Marie, MI.  Large face paced tribe is seeking to hire either two Senior Staff Attorneys or one Senior Staff Attorney and one Staff Attorney.  Under the guidance of the General Counsel these positions represent tribal government, a gaming entity and two economic entities in a broad variety of matters.  The majority of the work involves regulatory, policy/procedure, ordinance and contract drafting, finance, insurance, gaming operations and expansion, online gaming, general business advisement, treaty rights implementation and management, elections compliance and real property issues. Open until filled.

Click here for last week’s job announcements!

Tribal Judicial Administration in California Course – California Tribal College

Are you interested in Tribal justice, leadership, and working with the community? We are offering our first Tribal Judicial Administration Certificate Program! It will be a short 8-week program; classes are online and during the evening!

We are excited to partner with Field of Tribal Courts for this first-of-a-kind course!

This online course will help California tribal community members prepare for a career in a California tribal court. This course gives a general overview on how tribal court systems compare with the American and international indigenous legal systems, the evolution of California tribal courts, and the main areas of tribal judicial administration in the following areas: Tribal Court Governance, Court Office Administration, Case Management and Trials, Financial Management, Court Staff Management, Community and Court Office Relations, and Court Planning and Performance (with a special focus on Court Development Management). In addition, this course aims to develop and prepare community members to be cross-trained for the role of either the court administrator or court clerk and identifies challenges tribal courts face today.

To learn more information, scan the 1st QR Code for our Info Session. It will be on February 23 at 6:00 PM. https://tinyurl.com/2fs5ey72

Use the Second QR Code to Register: https://tinyurl.com/2hp3wfkr

Payments will be collected at a later date.

Save the Date – Unraveling the International Law of Colonialism: The 200th Anniversary of Johnson v. M’Intosh

Florida State Bar Authorizes Practices of Lawyer Admitted in St. Croix Tribal Court

Nicholas Stamates, a recent UMich law grad, suggested I post the letter he filed with the Florida State Bar. The letter led to the bar authorizing him to practice as “house counsel” in Florida on the basis of his admission to practice in the St. Croix Chippewa courts. Interesting development. Here is the letter:

Tenth Circuit Briefs in United States v. Murphy [yes, that Murphy]

Here:

Mr. Murphy prevailed against Oklahoma in the Supreme Court following the McGirt decision, but was immediately prosecuted and convicted by the United States. He is now challenging the federal government’s delay.

Nevada Tribes Sue Interior over Lithium Mine Approvals

Here is the complaint in Reno-Sparks Indian Colony v. Haaland (N. Nev.):

2023 Maine Law School Indian Law Conference

KEYNOTE: MICHAEL-COREY HINTON, LEADER OF THE TRIBAL NATIONS PRACTICE GROUP AT DRUMMOND WOODSUM AND CITIZEN OF THE PASSAMAQUODDY TRIBE (SIPAYIK).

This is a significant moment in history for the Wabanaki People, the United States, and the State of Maine.  The Maine State Legislature recently revisited the Implementing Act to the Maine Indian Claims Settlement of 1980—the state law which purported to resolve land disputes between the Tribes and the State dating back to Maine’s pre-history.  There is growing public interest in—and momentum to recognize—tribal sovereignty.

Attorneys, students, and tribal leaders will gather in Portland on March 3, 2023, to highlight these current events in light of the fact that the history of tribal law in Maine has been one of isolation and restraint. The Symposium is presented by the Maine Law Review in partnership with Norman, Hanson & DeTroy, LLC, and the Maine State Bar Association.

Symposium participants will welcome five expert authors to discuss the importance of Federal Indian Law as it applies to the four federally recognized tribes located in Maine. A keynote address will be presented by Michael-Corey Hinton, Leader of the Tribal Nations Practice Group at Drummond Woodsum and citizen of the Passamaquoddy Tribe (Sipayik).

We invite you to share this registration form with those in your network who may be interested in attending the Symposium.

The Symposium will feature the following speakers:

Professor Nicole Friederichs, Practitioner in Residence at Suffolk University Law School

Professor Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law at the University of Michigan Law School and Chief Justice of the Pokagon Band of Potawatomi Indians and the Poarch Band of Creek Indians

Hon. Donna Loring, elder and former council member of the Penobscot Indian Nation

Hon. Eric M. Mehnert, Chief Justice of the Penobscot Tribal Court and partner for Hawkes & Mehnert, LLP.

Joseph E. Gousse, Esq., attorney at Berman & Simmons

Friday, March 3, 2023

9:00 AM to 1:30 PM

300 Fore Street

REGISTER NOW

Massachusetts Appellate Court Holds Mashpee Wampanoag Tribe Immune from Suit

Here are the materials in Haney v. Mashpee Wampanoag Tribal Council (Mass. Ct. App.):