Here:
Verified Complaint (conformed)
Federal Court Grants Full Faith and Credit to Wisconsin Oneida Family Court Judgment
Here are the materials in The Chesapeake Life Insurance Co. v. Parker (E.D. Wis.):
Breach of Trust: How Government agencies are working with Enbridge, Inc. to Jeopardize Tribal Treaty Rights
“Nothing in this agreement requires any state or federal agency to approve a permit for Enbridge.”
These were the words spoken to tribal representatives – including myself – by attorneys for the United States Department of Justice and Environmental Protection Agency during a meeting earlier this month in Traverse City, Michigan regarding Enbridge’s Line 5 Pipeline.
Earlier this year, the EPA and DOJ began working with Enbridge on a settlement agreement relating to Enbridge’s Line 5 pipeline beneath the Straits of Mackinac. You can read that agreement HERE.
I wrote about this agreement on Turtle Talk several months ago, which I encourage you to read to better understand this post. Seriously. Read it HERE. That blog entry describes how the EPA and DOJ were working – quietly – to ensure that Enbridge is able to continue to operate the Line 5 Pipeline in the waters of the Great Lakes.
Some background:
The Line 5 pipeline is nearly seven decades old, and transports Canadian oil from Superior, Wisconsin to Ontario (through) – providing no oil to the people of Michigan or the United States. It has already outlived its intended lifespan. The pipeline runs through the heart of the waters ceded by Ojibwe and Odawa tribes through the 1836 Treaty of Washington. Our tribes retained the right to fish in the ceded waters under that treaty; a fact that was confirmed in the landmark case of United States v. Michigan. Earlier this year, the Line 5 Pipeline was damaged when a ship anchor accidentally struck the pipeline. The anchor strike also damaged a nearby electrical transmission line, causing hundreds of gallons of toxic chemicals to leak into Lake Michigan and Lake Huron.
The Line 5 Pipeline poses grave risks to the people who depend upon the waters of Lake Michigan and Lake Huron, including our tribal fishermen. A majority of people in Michigan, including every federally recognized tribe within the State, wants this pipeline shut down. The pipeline’s crossing of the Straits of Mackinac provides no benefits to the people of Michigan, but forces us to bear enormous risks.
It was for those reasons that the 1836 Treaty Tribes objected to the EPA’s and DOJ’s proposed deal with Enbridge.
In numerous letters, and in-person, we explained to federal officials that Enbridge would use this agreement to circumvent environmental laws and force state and federal agencies to grant the permits necessary to keep the Line 5 Pipeline in place.
At our August 7th meeting in Traverse City, EPA and DOJ officials tried to assure tribal representatives that we had no reason to be concerned about their agreement with Enbridge. “Nothing in this agreement,” they stated, “requires any state or federal agency to approve a permit for Enbridge.”
You can imagine the surprise when representatives of the Michigan Department of Environmental Quality (MDEQ) informed tribal officials at a meeting this week that the MDEQ may be required to issue a permit to Enbridge as a result of that agreement.
Somebody is lying.
The State of Michigan wants to authorize Enbridge to drill a tunnel beneath the Straits of Mackinac to allow the Line 5 Pipeline to continue to operate beneath the waters of the Great Lakes in perpetuity. Michigan’s tribes expect that Michigan Governor Rick Snyder will approve the construction of a tunnel sometime this year, prior to the expiration of his term in office.
But, it will take several years to bore a tunnel beneath the Straits of Mackinac. The State of Michigan appears to want Enbridge to make structural changes to the Line 5 Pipeline in the meantime to provide political cover secure the pipeline.
So, what does all of this convoluted complaining mean? This:
All of the bureaucratic actions relating to Enbridge’s pipeline over the past year are intended to make sure that Enbridge can tunnel through the lakebed and keep the oil flowing beneath the waters of the Great Lakes in perpetuity. And it is coming to a head in the next several months.
The United States Government promised the 1836 Treaty Tribes that its agreement with Enbridge would not require agencies to give Enbridge the permits it needs. The State of Michigan is saying that the agreement may require it to give Enbridge the permits it needs.
Somebody is lying. And they are doing it to help a Canadian company deliver Canadian oil to Canadian markets at the expense of our tribal treaty rights.
Washington State AG Opinion on WA’s Obligation to Enforce Tribal PPOs
Here.
Dear Justices Owens and Madsen:
By letter previously acknowledged, you have requested our opinion on two questions that I paraphrase as follows:
1. Does Washington have an obligation to enforce protection orders issued by the courts of other states or by Indian tribal courts?
2. If Washington has such an obligation, is registration of a protection order in a Washington state court a prerequisite to enforcement?
BRIEF ANSWERS
1. Yes. Federal law, 18 U.S.C. § 2265, requires that any protection order issued by the court of a state or Indian tribe be accorded full faith and credit and enforced by the court of another state or Indian tribe, if the protection order is consistent with 18 U.S.C. § 2265(b). The Washington Foreign Protection Order Full Faith and Credit Act, RCW 26.52, implements this requirement in Washington.
2. No. Under 18 U.S.C. § 2265(d)(2), a protection order issued by a state or Indian tribe must be accorded full faith and credit regardless of whether it is registered or filed in the court of the enforcing state or Indian tribe. Washington law permits protection orders to be filed without cost, but filing is not a prerequisite to enforcement. RCW 26.52.030.
CILS Presentation at Cahuilla on Tribal Homes for Foster Placement, Sept. 11
Sixth Circuit Revives One of the Dismissed Claims against BCBS [Medicare Like Rates]
Here is the unpublished opinion in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield.
A separate unpublished opinion on attorneys fees is here.
Prior posts here.
First Circuit Rejects Narragansett Tribe’s Claims against Rhode Island DOT
Here is the opinion in Narragansett Indian Tribe v. Rhode Island Dept. of Transportation.
Briefs:
Lower court materials here.
“‘You’ve gotta do it yourself’: Grand Traverse Tribe collects sonar images of Line 5”
From Michigan Radio, here.
Friday Job Announcements
Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an Indian law or leadership job, please send a brief description of the job and a PDF job announcement to indigenous@law.msu.edu.
View posts from August 24, 2018.
The Picayune Rancheria of the Chukchansi Indians
Enrollment RFP. The Tribe seeks a Service Provider to act as an Independant Enrollment Committee. The Service Provider will be responsible to understand and carry out all steps of PRCI’s Enrollement process. Please submit all responses by September 19, 2018. Please see the description for more information.
Department of Health and Human Services
Supervisory Health Care Administrator (Deputy Director), Rockville, MD. This position is located in the Office of Clinical and Preventive Services (OCPS), Division of Behavioral Health (DBH), within the Indian Health Service (IHS), Headquarters. Application closes September 4, 2018. Please see the job posting for more information.
Mescalero Apache Tribal Court
Associate Judge, Mescalero, NM. The Associate Judge is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribal Court. The position is open until filled.
Nottawaseppi Huron Band of the Potawatomi
Chief Legal Officer, Pine Creek, MI. NHBP is seeking a qualified candidate who will work under the primary supervision and direction of the Tribal Council while providing legal services to the operational direction of the Tribal governement’s Chief Executive Officer. Application closes September 22nd at 5pm. Please see the job description for more information.
Swinomish Indian Tribal Community
Staff Attorney, Swinomish Village, WA. The Office of Tribal Attorney advises and represents the Swinomish Indian Tribal Community in Federal, Swinomish and State courts. The Office of Tribal Attorney provides legal services covering a broad range of Tribal government, economic development, natural resource and Federal Indian law issues. Please see the job description for more information.
The Mashantucket Pequot Tribal Nation
General Counsel, Mashantucket, CT. Work under the direction of the Tribal Council to set legal strategies for and provide legal services to the Tribe and its entities. A law degree from an ABA approved/accredited law school is required along with a least fifteen (15) years of practice. An in-depth knowledge of federal Indian Law, business law, economic development and governmental issues preferred, as well as experience managing personnel and running a legal office or department. Please see the job description for more information.
Colorado River Indian Tribes
Deputy Attorney General (Civil), Parker, AZ. The Deputy Attorney General works with Tribal Council and all Tribal Departments and Enterprises, under the supervision of the Attorney General. The Office of the Attorney General provides legal representation to the Colorado River Indian Tribes, its Tribal Council, departments, and enterprises. Application closes September 20, 2018 at 5pm. Please see the job description for more information.
Rosette, LLP
Associate Attorney, Mattawan, MI. Qualified candidates should have a minimum of two (2) years’ experience in business transactions and/or working with Indian tribes. The ideal candidate must be willing to travel and work on client matters throughout the United States. The ideal candidate must be self-motivated and willing to work in a dynamic atmosphere with minimal supervision. Please see the job description for more information.
2019 Summer Law Clerk, Mattawan, MI. Strong research and writing skills are required. The ideal candidate is well-organized, able to work with minimal supervision, and able to work well in a team environment. Applicants should be highly motivated and possess a professional demeanor and superior communication skills. Some knowledge of federal Indian law or tribal law is preferred. Please see the description for more information.
Galanda Broadman, PLLC
Associate, The firm seeks an associate who is deeply committed to representing Indian interests, who is state bar licensed, preferably in Washington State, and who has at least two to five years of experience in civil litigation or serving as a judicial clerk. Please see the job description for more information.
Pascua Yaqui Tribe
Contract Attorney, Tucson, AZ. Provide quality, effective, competent, zealous legal representation to all clients in a professional, skilled manner consistent with the attorney’s responsibilities under the State Bar of Arizona with experience in criminal and juvenile cases. The position requires extensive court appearances and daily client contact. Please see the job description for more information.
Canada’s Federal Court of Appeals Rejects Kinder Morgan Pipeline
Inadequate consultation with First Nations is among the reasons. More here.
Turtle Talk 
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