Enbridge Line 5: Michigan Public Service Commission Litigation

Monica Williamson

See below for 1) Applicant Enbridge Energy, Limited Partnership’s Limited Objections to the Notice of Intervention of the Attorney General; (2) Applicant Enbridge Energy, Limited Partnership’s Limited Objections to the Petitions to Intervene Filed by The Bay Mills Indian Community, The Grand Traverse Band Of Ottawa And Chippewa Indians, Little Traverse Bay Bands Of Odawa Indians, and Notttawaseppi Huron Band Of The Pottawatomi; (3) Applicant Enbridge Energy, Limited Partnership’s Objections to the Petitions to Intervene Filed by The Michigan Environmental Council, Tip Of The Mitt Watershed Council, The National Wildlife Federation, For Love Of Water, The Environmental Law & Policy Center, And Michigan Climate Action Network and Certificate of Service.

mpsc-ltr-with-pos-objections-interventions.08-11-20-2Download
mpsc-ltr.objections-engos-intervention.08-11-20Download
mpsc-ltr.objections-tribes-intervention.08-11-20Download
mpsc-ltr.objections-ag-intervention.08-11-20Download

A pre-hearing was scheduled Wednesday August 12, 2020 at 1:00PM. Petitions to intervene from Bay Mills Indian Community, Grand Traverse Band, Little Traverse Bay Bands, and Nottawaseppi Huron Band below. In addition, the Attorney General is now intervening in the proceedings and Enbridge has asked for a rehearing which is also below.

20763-ag-noi-_mpscDownload
mpsc-ltr.-with-petition-rehearing.pos_.07-29-20-002Download
ltbb-odawa-petition-to-intervene-mpsc-u-20763Download
barry-skutt-affidavitDownload
nhbp-petition-to-interveneDownload

Other Line 5 posts here.

Federal Court Dismisses Equal Protection Claim against U.S. Arising from San Pasqual Band Membership Suits

Matthew L.M. Fletcher

Here are the new materials in Alegre v. United States (S.D. Cal.):

105 Fourth Amended Complaint

110 Motion to Dismiss

116 Response

119 Reply

121 DCT Order

Prior post here.

NYTs Profile of Contact Tracing in Indian Country

Matthew L.M. Fletcher

Here.

Troy Eid: “McGirt v. Oklahoma: Understanding What the Supreme Court’s Native American Treaty Rights Decision Is and Is Not”

Matthew L.M. Fletcher

Here, in the National Law Review.

Second Circuit Holds Treaties Do Not Provide Tax Immunity for Individual Indian-Owned Business on Fee Lands

Matthew L.M. Fletcher

Here is the opinion in Perkins v. Commissioner: Opinion

Briefs:

Perkins Brief

Commissioner Brief

Reply

Tax court opinion here.

Related case materials here.

Annette Saunooke Clapsaddle: “Writing in the Ancestral Cherokee Homeland”

Matthew L.M. Fletcher

Here.

Annette’s YA novel, Even As We Breathe, is available here.

Wyoming Public Media: “Why The Supreme Court’s McGirt Decision Resonates On The Wind River Reservation”

Matthew L.M. Fletcher

Here.

Lezmond Mitchell Urgent Message

Matthew L.M. Fletcher

From the Lezmond Mitchell defense team:

Urgent Message to the Native American Community:

With Lezmond Mitchell’s execution date just two weeks away, time is running out to try to correct this gross violation of tribal sovereignty. Lezmond, a Navajo man, was sentenced to death over the objections of the Navajo Nation and the victims’ family for a crime against Navajo people committed on Navajo land. This was only possible because the government exploited a legal loophole, and it is the ONLY time the federal government has pursued a death sentence for a crime on tribal land over a tribe’s opposition.

YOU CAN HELP STOP THIS INJUSTICE. Lezmond Mitchell has asked President Trump to commute his sentence to life imprisonment without possibility of release. All Native American people can express their support for Lezmond’ clemency by signing  this letter.

On August 11, Navajo President Nez personally appealed to President Trump to ask that he grant Lezmond clemency. The U.S. President needs to hear that Native American people across the country demand a correction to the infringement of tribal sovereignty and the insult to Native American values that this death sentence represents. Again, please sign this letter now. It is very important that the letter be signed by ONLY Native American people, even though many non-Native American allies also support clemency for Lezmond Mitchell.

Tribes Sues California over Gaming Compact Negotiations

Matthew L.M. Fletcher

Here is the complaint in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. State of California (E.D. Cal.):

1 Complaint