Here is the order:
Briefs here.
Case page here.
New Study Reveals 600% Increase in Reported Lobbying by Indian Tribes and Organizations
The Harvard Journal on Legislation has published a new article, Lobbying Against the Odds, that reveals that reported lobbying by Indian nations and organizations increased over 600% from 1978 to 2012. Additional highlights from the article include the following:
– 60% of tribes that reported lobbying from 1978 to 2012 also operated a gaming establishment.
– Indian nations spent an average of $109,408 on lobbying per year from 1997 to 2012.
– Gaming tribes reported spending twice as much as nongaming tribes from 1997 to 2012.
– Top spenders were not necessarily the tribes most frequently reporting lobbying or testifying before Congress.
The article can be found here.
“University of Minnesota Medical School in Duluth Welcomes a Record Number Native American Students”
National Indian Law Library Bulletin (8/14/2019)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 8/14/19.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Brackeen v. Bernhardt (Indian Child Welfare Act)
United Keetoowah Band of Cherokee Indians v. FCC (National Historic Preservation Act)
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
- Tribal nations and Congress’s power to define offenses against the law of nations.
- On Indian children and the Fifth Amendment.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
- First in the family: How a first-gen Blackfeet student finds success at UM
- Tribal communities in Michigan use traditional knowledge to tackle modern public health crisis
- Hopi Tribe takes over law enforcement from federal agency
- High court Murphy decision could have major impact on state, tribal authority
Federal Court Dismisses Big Sandy Rancheria’s Challenge to State Tax Laws
Here are the materials in Big Sandy Rancheria Enterprises v. Becerra (E.D. Cal.):
Florida COA Awards Attorney Fees to Miccosukee Tribe
Here is the opinion in Miccosukee Tribe v. Lewis Tein PL (Fla. Dist. Ct. App.):
National Judicial Institute on Domestic Child Sex Trafficking – September 9-11, 2019 at Talking Stick Resort
The National Council of Juvenile and Family Court Judges is pleased to share the dates and location for the next National Judicial Institute on Domestic Child Sex Trafficking (NJIDCST): September 9-11, 2019 in Scottsdale, Arizona. The NJIDCST is an interactive workshop that seeks to increase the judiciary’s understanding of child sex trafficking in the U.S. and improve the justice system’s response to victims and those at risk for sex trafficking. The program begins on Monday at 8 a.m. and concludes on Wednesday at 11:30 a.m.
Registration and other information on the institute can be found here.
High Country News: “The legacy of colonialism on public lands created the Mauna Kea conflict”
Here.
Nooksack Federal/State Litigation Update
Tageant v. Ashby (state court tort suit removed to federal court)
1-0.-7-12-19-notice-of-removal-to-federal-court.pdf
6.-7-17-19-defendant-michael-ashbys-motion-for-certification-of-employment.pdf
14.-8-5-19-united-states-opposition-to-defendants-motion-for-certification-of-federal-employment.pdf
16.-8-9-19-defendant-mike-ashbys-reply-in-support-of-motion-for-certification-of-employment.pdf
Adams v. Elfo (federal court habeas corpus suit)
6.-8-13-19-amended-petition-for-writ-of-habeas-corpus.pdf
Adams v. Dodge (state court tort suit)
8-13-19-first-amended-complaint.pdf
Doucette v. Zinke (federal APA suit)
Freep Article on Back 40 Mine
As a side note, the Indian Law Clinic got to work on parts of this issue a few years back, and this article nicely encapsulates how complicated it is, and how dangerous the mine is.
The Michigan-based permitting process for the Back Forty mine has left the Wisconsin side of the river mostly on the sidelines, Cox said.
“When the EPA, the Army Corps, U.S. Fish and Wildlife Service all take actions that are federal, they are obligated to consult with the tribe under laws such as the National Historic Preservation Act, the National American Graves Protection and Repatriation Act,” he said.
“(Michigan) gets to contend, ‘Nope, we’re the authority now, so we’re not obligated to do anything with you Indian nations — you independent, sovereign nations. We’ll send you a letter, let you know what we’re doing. But we won’t communicate with you directly.’ “
Cox questioned Michigan’s “strange-sounding process” of leaving so many things unresolved in the approved permit.
“You would think that, rather than try to conditionalize a permit to include all that’s required, you would just say, ‘We’re not going to issue this permit until all of these big things are addressed, like groundwater modeling,'” he said. “I guess in Michigan they don’t see it that way.”
Across the river, in Michigan’s Menominee County, the board of commissioners passed a resolution opposing the Back Forty mine back in 2017.
“It’s right on the river, 150 feet from the Menominee River,” board vice chairman William Cech said. “There’s never really been a successful sulfide mine without leaving a large stain on the landscape that they are digging in
Turtle Talk 
You must be logged in to post a comment.