NYTs: “Cost of New E.P.A. Coal Rules: Up to 1,400 More Deaths a Year”

Here.

CSKT 2018 Indian Child Welfare Legal Summit, September 12-13

Confederated Salish & Kootenai Tribes’2018 Indian Child Welfare Legal Summit

The Montana Court Improvement Program, in conjuction with CSKT, would like to invite you to this interactive training designed to improve legal knowledge, skills, and practices in relation to Indian Child Welfare. 

After opening with a case law update describing recent Montana opinions, federal court litigation, and note-worthy opinions from sister states, this CLE will provide a quick interactive refresher on the basics of tribal jurisdiction in child custody cases and the requirements of the Indian Child Welfare Act.

With this foundation in place, participants will explore topics like best practices in child welfare casesdomestic child sex traffickingtribal code enhancement, and ethics as it relates to Indian child welfare cases.  Participants will have the opportunity to break out into small affinity groups to discuss improving systems and practices across the state in order to better serve AI/AN children and families.

This two-day training is designed for tribal attorneys, tribal judges, parents’ attorneys, GALs, adoption attorneys, and state prosecutors. (Although caseworkers, CASAs, and other child welfare practitioners are welcome to join us, the focus of this training is to improve legal knowledge, skills, and practices.)  Faculty includes local and national experts, practitioners, and scholars from across the country.  An application for CLE credits will be filed.

For agenda, updates and more visit: 

https://cskt-icw-legal-summit.sitey.me/

Ninth Circuit Rejects Tribe’s Challenge to Interior Determination in Whistleblower Case

Here is the opinion in Chippewa Cree Tribe of the Rocky Boy Reservation v. Dept. of Interior. A related unpublished opinion in St. Marks v. Dept. of Interior is here.

From the court’s syllabus:

The panel denied a petition for review by the Chippewa Cree Tribe challenging a decision of the U.S. Department of the Interior that ordered the Tribe to provide relief to Ken St. Marks, who was removed from the Tribe’s governing body – the Business Committee – in retaliation for his whistleblowing. 

St. Marks informed the Department of the Interior that members of the Business Committee were misusing federal stimulus funds awarded to the Tribe by the Department pursuant to the American Recovery and Reinvestment Act. The Act contains robust whistleblower protections.

Briefs here.

Lower court materials here.

News Coverage of Line 5 Camp at Cross Village

Here is “Protesters set up camp near Line 5.

Ninth Circuit Briefs in Diné Citizens against Ruining Our Environment v. BIA [Rule 19 Joinder; Four Corners Power Plant & Navajo Mine]

Here:

Appellant Brief

Arizona Public Service Co Brief

Navajo Transitional Energy Company, LLC Brief

United States Brief

Navajo Nation Amicus

Reply

Oral argument video here.

Materials in Dispute over Ownership of Lot 28 on the Lone Pine Indian Reservation

Here are the materials in Watterson v. Fritcher (E.D. Cal.):

1 Complaint

20 Watterson Motion for Summary J

27 DCT Order

CTFC Press Release on Dismissal of Goldwater (ICWA) Lawsuit

FINAL Release – ICWA Again Survives Challenge by Fringe Group

The California Tribal Families Coalition, a coalition of tribes and tribal leaders, this week applauded the recent ruling by the Ninth Circuit Court of Appeals to dismiss an ill-conceived challenge against the Indian Child Welfare Act (ICWA) arising from claims in Arizona by the Goldwater Institute, a conservative fringe anti-ICWA group.

The Aug. 6 dismissal marks the end of the latest in a series of cases brought by the group against ICWA as part of a years-long, systematic and disturbing effort to undermine the 40-year-old federal statute that protects Indian children. To date, the Goldwater Institute has failed in its every attempt to upend ICWA.

Despite the encouraging dismissal, the Sacramento-based California Tribal Families Coalition (CTFC) also warned of additional, pending attacks that seek to unwind ICWA and the decades of critical legal protections it has provided against separating tribal children from their families and tribal communities.

This release is discussing the Goldwater litigation, which was the first major attempt to get ICWA declared unconstitutional. Both Navajo Nation and the Gila River Indian Community intervened in this case involving tribal children.

Since 2015, there have been nine federal lawsuits attacking ICWA directly on constitutional groups. There is on-going litigation directly attacking ICWA and tribal court jurisdiction in the Eighth Circuit and the Northern District of Texas.

WaPo Profile of Lumbee Nationhood Struggle

Here is “What Makes Someone Native American? One tribe’s long struggle for full recognition.”

Materials on the Nakai case are here and here.

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

Here is the opinion in Crow Creek Sioux Tribe v. United States.

Briefs:

Crow Creek Opening Brief

US Response Brief

Reply

Lower court materials.

Materials in Dispute over Trust Status of Parcel 5 at Upper Lake Rancheria

Here are the materials in the zombie case, Upper Lake Pomo Association v. Morton (E.D. Cal.) [yes, that’s Rogers Morton and yes, the caption number starts with 75]:

320 Jackson Motion to Enforce

324-1 Diwald Motion to Intervene

325 US Opposition to 320

328 Opposition to 324

332 Jackson Reply in Support of 320

333 Diwald Reply in Support of 324

335 DCT Order