Here. Previous coverage is here.
Makah & State request rehearing & rehearing en banc in dispute regarding Quileute’s and Quinault’s ocean U&A
Save the Date: NAICJA’s American Indian Justice Conference Dec. 7-8 in Palm Springs
American Indian Justice Conference
December 7-8
Renaissance Palm Springs
Palm Springs, CA
Registration Information
TBA. No cost for registration, but participants must cover the
costs of travel, lodging, and per diem/food.
For more information about
the AIJC contact:
Ansley Sherman, ansley@naicja.org or 303-449-4112
http://www.naicja.org
The National American Indian Court Judges Association (NAICJA) and its collaborative
partners will host the American Indian Justice Conference (AIJC) on the Agua Caliente
Reservation in Southern California on December 7-8, 2017.
The goal of the AIJC is to provide training to enhance your tribal community’s response to
combat alcohol and drug abuse, recognize how trauma impacts drug and alcohol abuse in
tribal communities, and identify current trends and best practices for tribal justice systems to strengthen multi-disciplinary approaches to healing and justice. The five multi-disciplinary tracks include alcohol and substance abuse, tribal justice strategic planning, tribal courts, tribal security and probation, and tribal youth.
CTAS Purpose Area 1, 2, 3, 4, 5, 8, and 9 grantees may use grant funds to attend the
AIJC. Please confirm with your Program Manager that you have adequate travel and
training funds remaining in your award.
The conference is pending final approval by the Department of Justice. Do not make any non-refundable reservations until final approval from the DOJ has been confirmed.
Menominee Tribe’s Notice of Intent to Sue to Enforce CWA
Links: Press Release, 60 Day Legal Notice(PDF)
Excerpt:
The 60-Day Notice of Intent to Sue under the Clean Water Act outlines violations of federal agency duties under the Act that will affect water quality of the Menominee River and adjacent wetlands, and downstream to Green Bay, as a result of the Back Forty Mine Project.
TPM: “Report: Trump Told Tribal Leaders To ‘Just Do It’ And Ignore Drilling Laws”
Here.
RFP for Contractual Evaluator of FHTWC at GTB
Link: Request for Proposal(PDF)
Deadline for submission is 5:00PM Friday, November, 10, 2017.
Cert Stage Briefs in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians
Federal Court Rejects Effort to Enforce Settlement Agreement in Tribal Court
Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.):
An excerpt:
Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division Orders, the Tribal Court clearly lacks jurisdiction over the case. The record before this Court clearly establishes that every party to the dispute agreed to the forum selection clauses at issue. Thus, Enerplus is entitled to a declaratory judgment that the forum selection clauses at issue preclude the Tribal Court from exercising jurisdiction over any dispute arising from those documents, and preclude Wilkinson from asserting in Tribal Court any claims arising from, and related to those documents.
CA8 materials here.
26th Annual NNALSA Moot Court Competition
National NALSA Moot Court Competition
March 2-4, 2018
Beus Center for Law and Society
111 E. Taylor Street, Phoenix, AZ 85004
Each year, hundreds of law students from across the country take on the challenge of writing and arguing on the most compelling federal Indian law and tribal governance issues. The Native American Law Students Association (NALSA) at Arizona State University (ASU) is proud to partner with the Indian Legal Program at ASU’s Sandra Day O’Connor College of Law and the National Native American Law Student Association (NNALSA) on hosting the 2018 NNALSA Moot Court Competition.
Hosted by: ASU’s Indian Legal Program, Native American Law Students Association, and National NALSA
ASU NNALSA Moot Court website includes the problem, team registration, NNALSA Moot Court rules, agenda and more at: law.asu.edu/nnalsamootcourt
Questions? Contact Sarah Crawford at nnalsa.vicepresident@gmail.com
Idaho SCT Enforces Coeur d’Alene Tribal Court Order against Nonmembers
Here is the opinion in Coeur d’Alene Tribe v. Johnson. (PDF)
An excerpt:
Here, the Johnsons assert that the Tribal Court is dominated by the Tribe. They point to the tribal law stating that the Tribe has jurisdiction over the river and to the amount of the fine imposed against them. As discussed above, the Johnsons have failed to show that the Tribe does not have jurisdiction over the bed of the St. Joe River adjoining their property. Further, while the fine was large, it was only one-fifth of that authorized by the tribal code. CTC 44-24.01 (authorizing a fine of $500 per day for unlicensed encroachments). We hold that the Johnsons have failed to show that the Tribal Court was biased.
Further, the Johnsons had more than sufficient notice and opportunity to be heard in the Tribal Court. The record shows the Johnsons were informed of the proceedings on four occasions before default judgment was entered. Despite this, they elected to simply ignore the proceedings in Tribal Court. The Johnsons were not denied due process.
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