Here are the materials in Woods v. Nunn (W.D. Okla.):
Chemehuevi 638 Suit Dismissed, Moot
Here are the materials in Chemehuevi Indian Tribe v. United States (D. Ariz.):
National Writers Series: Robin Wall Kimmerer — June 10, 2021
Details here.
ROBIN WALL KIMMERER
Robin Wall Kimmerer is a mother, scientist, decorated professor, and enrolled member of the Citizen Potawatomi Nation. She is the author of Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teaching of Plants, which has earned Kimmerer wide acclaim. Her first book, Gathering Moss: A Natural and Cultural History of Mosses, was awarded the John Burroughs Medal for outstanding nature writing.
As a writer and a scientist, her interests in restoration include not only restoration of ecological communities, but restoration of our relationships to land. She holds a BS in Botany from SUNY ESF, an MS and PhD in Botany from the University of Wisconsin and is the author of numerous scientific papers on plant ecology, bryophyte ecology, traditional knowledge and restoration ecology.
EVENT AND BOOK
This special TICKETED virtual event is presented in partnership with For Love of Water (FLOW), a nonprofit dedicated to protecting and preserving the extraordinary and essential natural resources of the Great Lakes. Half of the proceeds from our ticket sales will go to FLOW to support their mission. We are also honored to welcome Chairman David M. Arroyo of the Grand Traverse Band of Ottawa and Chippewa Indians for a blessing at the beginning of our event, and the Botanic Garden at Historic Barns Park as a community partner.
As a botanist, Robin Wall Kimmerer has been trained to ask questions of nature with the tools of science. As a member of the Citizen Potawatomi Nation, she embraces the notion that plants and animals are our oldest teachers. In Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teachings of Plants, Kimmerer brings these two lenses of knowledge together to take us on “a journey that is every bit as mythic as it is scientific, as sacred as it is historical, as clever as it is wise” (Elizabeth Gilbert).
Braiding Sweetgrass weaves together a central argument: that the awakening of a wider ecological consciousness requires the acknowledgment and celebration of our reciprocal relationship with the rest of the living world.
This event is made possible in part by a grant from the Michigan Humanities, an affiliate of the National Endowment for the Humanities.
GUEST HOST | MATTHEW L.M. FLETCHER
Matthew L.M. Fletcher is Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He has been a visiting professor at the University of Arizona Rogers College of Law, the University of Michigan Law School, the University of Montana Blewett School of Law, and Stanford Law School. He is a frequent instructor at the Pre-Law Summer Institute for American Indian students. He sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Colorado River Indian Tribes, the Hoopa Valley Tribe, the Mashpee Wampanoag Tribe, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, the Pokagon Band of Potawatomi Indians, the Nottawaseppi Huron Band of Potawatomi Indians, the Rincon Band of Luiseño Indians, the Santee Sioux Tribe of Nebraska, and the Tulalip Tribes. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians.
Friday Job Announcements
To post an open Indian law or leadership job to Turtle Talk, send 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,
- and any other pertinent details such as links to application;
- An attached PDF job announcement.
Anishinabe Legal Services
Staff Attorney, Cass Lake, Minnesota. Anishinabe Legal Services is looking to hire a licensed attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts, and Administrative Forums. This position will be open until filled. Please see the hiring announcement for additional information.
Earthjustice
Deputy Managing Attorney, Clean Energy (FERC), either Washington, DC, or remote within the United States. The Deputy Managing Attorney will lead Clean Energy Program staff in litigation and advocacy to eliminate barriers to clean energy adoption in federally regulated wholesale power markets and to secure FERC and RTO/ISOs policies and practices that support a transition to clean, affordable, and reliable energy. The Deputy Managing Attorney will manage a team of five attorneys and will report to the Managing Attorney of the Clean Energy Program, who oversees state and federal clean energy portfolios. Accepting applications on a rolling basis, and applicants can apply here. Please see the job description for more information.
Sauk-Suiattle Indian Tribe
Attorney, Darrington, WA. The purpose of the Attorney position is to provide legal service for the benefit of the Sauk-Suiattle Indian Tribe’s governmental programs and departments. The applicant must be committed to the goals and policies that work toward achieving the vision and cultural values of the Sauk-Suiattle Indian Tribe. The Office of Legal Counsel receives policy guidance from the Tribal Council on tribal governmental matters, and shall receive guidance on tribal court matters as provided for in the Sauk-Suiattle Indian Tribe Law and Order Code. The individual selected must be capable of making independent professional judgments and completing complex legal work in a timely manner. Interested applicants are encouraged to complete an application for employment and return it to jodi@sauk-suiattle.com. Please see the job description for more information.
The U.S. office of the Environmental Law Alliance Worldwide (ELAW)
Environmental or human rights attorney, Eugene, Oregon. In exceptional circumstances, for the right candidate, another location will be considered. The attorney will join a team of ELAW lawyers supporting international partners on a wide range of domestic and international legal advocacy efforts. Responsibilities will include research to support litigation and advance law reform; drafting pleadings and court submissions, including “friend of the court” briefs; building and fostering relationships with international partners and allies; organizing and leading workshops; expanding ELAW’s capacity in relevant areas of law; reviewing work product by colleagues; and communicating about this work with relevant audiences. Applications should be submitted through the portal at here. Please see the job description for more information.
Tulalip Tribal Court
Domestic Violence Advocate Attorney, Tulalip Tribal Court, Tulalip Washington. Seeking practicing attorney with at least 2 years of experience in either representing clients in civil cases, working in civil legal aid, and/or representing Indian tribal members in tribal courts. For more information, please see the Domestic Violence Advocate Attorney job description. Application closes June 7th, 2021. If interested in the position, please send a resume, cover letter, and writing samples by email or mail. Please see the position description for more information.
Association of Village Council Presidents
RFP. AVCP is soliciting proposals from qualified companies to provide obtaining services of a qualified firm experienced in managing a Tribal Transportation to manage projects and programs. RFP Closes 4:00 p.m., A.S.T., 06/25/2021. Please see the position description for important dates to remember and more information.
Montana Legal Services Association
Project Coordinator- Tribal Advocacy Incubator, Helena or Billings, Montana. MLSA provides civil, non-criminal legal services to low income Montanans living in all 56 Montana counties and on all Tribal Reservations. It is a new position that is responsible for developing a MLSA supported project that recruits, trains, and supports tribal advocates on Tribal Land in Montana. This position will conduct outreach, develop training materials, and work with a diverse group of project partners to implement the project. The Project Coordinator will be housed at MLSA and is responsible for working with partners to finalize a project model, develop the project infrastructure, recruit the inaugural group of tribal advocates, and manage the ongoing project and referrals. The priority deadline for applications is June 4, 2021. To apply, please send a resume, cover letter, and 3 references to hiring@mtlsa.org. For more information about this job and MLSA, please visit here.
Navajo Nation Office of Legislative Counsel
RFP. Accepting proposals from qualified law firms to provide professional services to the Office of Legislative Counsel (OLC) for Legislative drafting services on a board range of topics and subject areas. We invite your firm to submit a proposal to OLC by ?June 15, 2021 for consideration. Please see the RFP for more information.
See prior posts.
Ninth Circuit Affirms Conviction in US v. Polequaptewa
Indian Country DV Training @ Tule River
New Issue of the American Indian Law Journal, Vol. 9, No. 2
Here:
Current Issue: Volume 9, Issue 2 (2021)
Articles
In Defense of the Indian Commerce Clause
Stephen Andrews
The Time Is Now For The IACHR To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again)
Lara C. Diaconu
Unqualified? Investing In Qualified Opportunity Zones On Reservations
Ben Gibson
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country
Mary T. Hannon
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements
Christopher M. Macneill
Rebalancing Bracker Forty Years Later
William McClure and Thomas E. McClure
Native Nations’ Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned
David E. Missirian
The Blind Eye: Jus Soli, And The “Pretended” Treaty Of New Echota
Christopher Robert Rossi
Case Law On American Indians
Thomas P. Schlosser
SCOTUS Grants Stay in Oklahoma v. Bosse [post-McGirt criminal appeal]
Here are the materials related to the application for a stay by the State of Oklahoma in Oklahoma v. Bosse:
Lower court materials here.
National Indian Law Library Bulletin (5/26/2021)
Here:
We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html
- Loring v. Daly (Tribal Sovereign Immunity; Religious Land Use and Institutionalized Persons Act)
- United States, Osage Minerals Council v. Osage Wind, LLC (Wind Turbines; Property Rights)
- Noem v. Haaland (National Historic Preservation Act; Religious Freedom Restoration Act)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html
- Petitioner/Cross-Respondent: The People of the State of Colorado, In the Interest of Minor Children: K.C. and L.C., v. Respondents/Cross-Petitioners: K.C. and L.C., and Concerning Respondent: D.C. (Indian Child Welfare Act)
- Great Plains Lending, LLC v. Department of Banking (Tribal Sovereign Immunity; Sovereign Lending)
- Jamelle A. v. Department of Child Safety (Indian Child Welfare Act)
U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html
- S.1725 – A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.
- S.1735 – A bill to establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
- S.1797/H.R.3496 – To amend the Indian Health Care Improvement Act to expand the funding authority for renovating, constructing, and expanding certain facilities.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html
- Ending the interminable gap in Indian Country water quality protection.
- Native treaties and conditional rights after Herrera.
- “The rule of the strong, not the rule of law”: Reexamining implicit divestiture after McGirt v. Oklahoma.
- Tribal lending after Gingras.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
- Bipartisan bill brings long-overdue boost to urban Indian health providers
- Washington State Tribal Coalition passes unprecendented climate change bill, puts consent instead of consultation into law
- Gov. Noem’s Mount Rushmore lawsuit sparks legal fight with tribe
- In new ad campaign, tribal coalition urges Biden to ‘restore and expand’ Bears Ears monument
- Colonization’s dark history puts heavy burden on tribes seeking repatriation of remains, objects
- Protocol will help guide Indigenous knowledges and data collecting, sharing, interpretation and storage
- Indigenous healthcare professional and student discuss their journeys in the healthcare field
- The Gila River Indian Community innovates for a drought-ridden future
- Call Number with American Libraries Podcast: NILL Director Anne Lucke discusses the importance of a library dedicated to tribal law
- Petroglyph vandalism is not a victimless crime
Washington COA Rejects Makah Challenge to State Land Exchange (and Three Tribes’ Effort to Stop the Whole Thing)
Here are the materials in Makah Indian Tribe v. Commissioner of Public Lands (Wash. Ct. App.):
D2 54945-0-II Unpublished Opinion
State Response to Hoh-Quiluete-Quinault Amicus Brief
Makah Answer to Hoh-Quiluete-Quinault Amicus Brief
[missing from the court’s website are the initial briefs of the tribe and state, and the Hoh-Quiluete-Quinault amicus brief]
An excerpt:
The Makah Indian Tribe appeals the superior court’s order denying a constitutional writ to block a land exchange proposed by the Department of Natural Resources (DNR) and approved by the Board of Natural Resources. The land exchange, called the “Peninsula Exchange,” would exchange state forestlands with forestlands owned by a private timber company, Merrill & Ring. The Peninsula Exchange parcels border tribal lands of a number of Indian tribes, including the Makah, the Hoh, the Quileute, and the Quinault. The Makah argue that DNR violated (1) the State Environmental Policy Act (SEPA) by failing to conduct a SEPA environmental review prior to approval of the proposal and (2) the public lands management statute, Title 79 RCW, by insufficiently addressing the Makah’s concerns.
The Hoh, Quileute, and Quinault Tribes (the Amici Tribes) filed a joint amicus curiae brief requesting dismissal under CR 19, arguing that they are necessary and indispensable parties who cannot be joined due to their sovereign immunity. The Amici Tribes claim that the Peninsula Exchange parcels are part of their respective treaty hunting areas. The Makah argue that the Amici Tribes are not necessary and indispensable parties under CR 19 because this appeal can be decided without a determination of treaty rights of various tribes as the Makah’s claims are procedural challenges to DNR’s Peninsula Exchange.Because we resolve this appeal without implicating the treaty rights of the various interested tribes, we hold that the Amici Tribes are not necessary or indispensable parties. Accordingly, dismissal of this appeal under CR 19 is not appropriate.
DNR’s interpretation of the SEPA categorical exemption is entitled to substantial weight and its determination that a land exchange is categorically exempt from SEPA review will be overturned only if it is clearly erroneous. We hold that DNR properly interpreted and applied the SEPA categorical exemption for state land exchanges to determine that the Peninsula Exchange was categorially exempt from SEPA review and that DNR’s finding that the Peninsula Exchange was exempt from SEPA was not clearly erroneous. Additionally, DNR complied with the public lands management statute by adequately consulting with the Makah prior to the Board’s approval of the Peninsula Exchange. Because the superior court’s decision was not manifestly unreasonable, or exercised on untenable grounds or for untenable reasons, we hold that the superior court did not abuse its discretion by denying the Makah a constitutional writ. We affirm.
Update with the rest of the briefs:
2020.08.17 QTA Declaration and Report
2020.08.18 Order Allowing QTA Amicus Brief
2020.08.29 Opening Brief of Makah Tribe
2020.09.11 QTA Amicus Declaration
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