Bears Ears National Monument Panel at Michigan Law: Nina Mendelson, Riyaz Kanji, and Wenona Singel
Nick Reo & Kyle Whyte et al. on Indigenous Principles for Cooperating on Great Lakes Conservation
Nick Reo, Kyle Whyte, and others have posted “Seven Indigenous principles for successful cooperation in Great Lakes conservation initiatives.”
Patent Trial and Appeal Board Amicus Briefs on Tribal Immunity Issue
Here are the amici curiae in the matter of Mylan Pharmaceuticals Inc. et al v. St. Regis Mohawk Tribe et al:
For Movants:
- Brief Amici Curiae of the National Congress of American Indians, National Indian Gaming Association, and the United South and Eastern Tribes in Support of Patent Holder the St. Regis Mohawk Tribe’s Motion to Dismiss
- Amicus Curiae Brief of the Oglala Sioux Tribe in Support of Corrected Patent Owner’s Motion to Dismiss Based on Tribal Sovereign Immunity
- Brief of Amici Scholars in Support of Patent Owner the St. Regis Mohawk Tribe
- Brief Amicus Curiae of the Seneca Nation in Support of the Patent Owner, Saint Regis Mohawk Tribe
- Brief of Amicus Curiae U.S. Inventor, LLC in Support of Patent Owner, the Saint Regis Mohawk Tribe
- Brief of Amicus Curiae Native American Intellectual Property Enterprise Council, Inc. Regarding Patent Owner’s Motion to Dismiss
- Brief of Amicus Curiae Luis Ortiz and Kermit Lopez in Support of Patent Owner’s Motion to Dismiss for Lack of Jurisdiction Based on Tribal Sovereign Immunity
In Opposition:
- Brief of the High Tech Inventors Alliance, Computer & Communications Industry Association, and Internet Association as Amici Curiae in Support of Petitioners
- Comments of Amici Curiae Deva Holding A.S. in Response to the Board’s Invitation for Amicus Briefs Regarding the Tribe’s Motion to Terminate
- Brief Of Askeladden LLC as Amicus Curiae in Opposition to St. Regis Mohawk Tribe’s Motion to Dismiss
- Brief of Public Knowledge and the Electronic Frontier Foundation as Amici Collegii in Opposition to the Motion to Terminate
- Brief Amicus Curiae of the Software and Information Industry Association in Support of Petitioners
- Amicus Curiae Brief of James R. Major, D.Phil. in Support of Petitioners’ Opposition to St. Regis Mohawk Tribe’s Motion to Dismiss
- Brief of the Association for Accessible Medicines as Amicus Curiae in Support of Petitioners
Link: Case archive
NCAI Webinar: Tribal Leasing and Self-Governance Under the HEARTH Act
Please register for Tribal Leasing and Self-Governance Under the HEARTH Act on Dec 07, 2017 3:00 PM EST at:
https://attendee.gotowebinar.com/register/2858751509657713153
The Helping Expedite and Advance Responsible Tribal Home Ownership (HEARTH) Act was enacted by Congress in 2012 and provides tribal nations the flexibility to manage their own leases on tribal trust lands. In order to exercise this leasing authority, Tribes must first develop their own leasing regulations, consistent with Bureau of Indian Affairs (BIA) regulations at 25 C.F.R. Part 162, and have them approved by the Secretary of the Interior. Once the leasing regulations have been approved, the Tribe is able to negotiate and enter into leases of tribal trust land without further BIA approval.
Presenters:
- Cynthia Morales, Trust Services Director, Agua Caliente Band of Cahuilla Indians
- Matthew Carriaga, Realty Director, Ho-Chunk Nation
- Jody Cummings, Partner, Steptoe & Johnson
- Moderator – Jacob Schellinger, NCAI Staff Attorney & Legislative Counsel
This informative webinar will discuss tribal leasing and self-governance under the HEARTH Act.
After registering, you will receive a confirmation email containing information about joining the webinar.
Chilkat Indian Village Suit over Mining Affecting Chilkat River [updated]
Here is the complaint in Chilkat Indian Village v. Bureau of Land Management (D. Alaska):
Five Tribes Complaint against Trump over Bears Ears
Here is the complaint in Hopi Tribe et al. v. Trump (D.D.C.):
Update on the parallel suit involving Grand Staircase-Escalante National Monument: Wilderness Society v. Trump is here
NARF Presser on Bears Ears
Here:
President Trump’s action to revoke and replace the Bears Ears National Monument is not only an attack on the five sovereign nations with deep ties to the Bears Ears region, it is a complete violation of the separation of powers enshrined in our Constitution. No president has ever revoked and replaced a national monument before because it is not legal to do so. Only Congress may alter a monument. In light of this blatant violation of law, the Native American Rights Fund, representing the Hopi Tribe, Pueblo of Zuni, and Ute Mountain Ute Tribe filed a lawsuit today to protect Bears Ears.
Five tribes—Hopi Tribe, Navajo Nation, Pueblo of Zuni, Ute Indian Tribe, and Ute Mountain Ute Tribe—led the effort to establish the Bears Ears National Monument, an area still used for cultural and religious purposes. Increased looting of the estimated 100,000 plus structures, sites, and objects within every reach of the monument dictated the need for protections in the form of a monument designation.
According to NARF Staff Attorney Matthew Campbell, “Bears Ears is one of the most important places for Indian Country, and that is why Indian Country came together to advocate for this important place. Trump’s attack on Bears Ears is an attack on all of us, and we will fight to protect it.”
NARF Staff Attorney Natalie Landreth said “The Administration is not telling the truth. The Bears Ears monument as created by President Obama preserved hunting, fishing, gathering and grazing rights, and protected these incredible lands from widespread looting and oil, gas and mineral development.” No matter what the President said today, his action does the opposite: by its own terms, in 60 days the revoked lands are open to “entry, location, selection, sale” and “disposition under all laws relating to mineral and geothermal leasing” and “location, entry and patent under mining laws.” Landreth continued, “this is taking public lands that belong to the American people and selling to the highest bidder, there is just no other way to understand it.”
This latest action follows on the heels of the Administration’s other actions against Tribes: (1) issuing the permit to the Dakota Access Pipeline, (2) issuing the permit to the Keystone XL, and (3) revoking the Executive Order to protect the Bering Sea on April 28th. Tribes vigorously opposed all of these efforts. The Administration uses the term “tribal sovereignty” but clearly does not understand what that means.
Read more about NARF’s work to protect Bears Ears National Monument.
GTB RFPs for ICW and Probate/Estate Planning Attorneys
Links: RFP for Indian Child Welfare Attorneys [PDF], RFP for Probate-Estate Planning Attorneys [PDF]
Deadline for submissions is 5:00 P.M. Thursday, December 14, 2017.
Court Finds Tribes’ Interim Conditions Reasonable and Appropriate
Here is the opinion in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):
Link: Previous posts, other documents related to Dakota Access Pipeline
Indian Civil Rights Complaint Against Wash. State School District
Here is the complaint in the matter of Youckton v. Mary M. Knight School District, et al., 17-cv-05939 (W.D. Wash.):
A Nisqually tribal member who was beaten enough to have his jaw wired shut after his basketball game at the district’s high school is suing for failure to prevent the racially motivated attack.
Turtle Talk 
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