Federal Court Dismisses Wisconsin Oneida Suit over Renewable Energy

Matthew L.M. Fletcher

Here are the materials in Oneida Seven Generations Corporation v. City of Green Bay (E.D. Wis.):

10 Green Bay Motion to Dismiss

14 Opposition to 10

17 Reply

19 DCT Order

An excerpt:

Plaintiffs Oneida Seven Generations Corporation (OSGC) and Green Bay Renewable Energy, LLC, (GBRE) filed this action against the City of Green Bay pursuant to 42 U.S.C. § 1983 alleging the City violated their rights to substantive and procedural due process when the Common Council voted to revoke a conditional use permit it had granted only one year earlier. The case is before the Court on the City’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules for Civil Procedure. The City also contends that the complaint fails to allege facts showing GBRE has any interest or suffered any loss in the transaction and that OSGC lacks capacity to sue under the laws of the Oneida Nation under which it was chartered. For these reasons, as well, the City argues that the claims against it should be dismissed.

 

Federal Court Holds State Highway on Sandia Pueblo is Indian Country

Matthew L.M. Fletcher

Here are the materials in United States v. Antonio (D.N.M.):

62 Motion to Dismiss

68 Response

84 DCT Order

An excerpt:

THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss for Lack of Federal Subject Matter Jurisdiction, filed April 10, 2017 (Doc. 62)(“Motion”). The Court held an evidentiary hearing on April 11, 2017, and a hearing on April 12, 2017. The primary issue is whether the Court has jurisdiction over this matter under the Indian Pueblo Land Act Amendments of 2005, Pub. L. No. 109-133, 119 Stat. 2573 (Dec. 20, 2005), codified at 25 U.S.C. § 331 Note, because the automobile collision giving rise to Plaintiff United States of America’s criminal prosecution against Defendant Jeffrey Antonio, which occurred on private land, nonetheless occurred within the exterior boundaries of the 1748 Spanish land grant to the Sandia Pueblo, which Congress confirmed in the Act of December 22, 1858, 11 Stat. 374, 374 (1859). The Court concludes: (i) the automobile collision giving rise to this criminal cause of action occurred within the exterior boundaries of the 1748 Spanish land grant; and, consequently, (ii) under 25 U.S.C. § 331 Note, the Court has jurisdiction over this matter. Accordingly, the Court denies Antonio’s Motion.

MLive: “1836 treaty puts Michigan tribes at center of Nestle water bid”

Matthew L.M. Fletcher

Here.

Suquamish Tribe Seeks Child Support Program Manager

Sarah M Donnelly1 Comment

Download(PDF): Job Announcement

Link: Application

You may apply online and are encouraged to attach a cover letter, resume, letters of recommendation, and any education/training certificates to your application. Open until filled.

SUQUAMISH TRIBE – ATTN: HR DEPARTMENT
P. O. BOX 467
SUQUAMISH, WA 98392
(360) 394-8414
http://www.suquamish.nsn.us

Navajo Nation Office of the President Seeking Legal Intern

bryannewland

Office of Legal Counsel Office of the President and Vice President is seeking a summer legal intern.  Law students are preferred.  Those interested in applying should contact Karis Begaye, Legal Counsel in the Office of the President and Vice-President, at knbegaye@navajo-nsn.gov.

Full posting is here: Legal Internship opening

NABA-DC Mentorship and Brownbag Lunch Series Announcement

Matthew L.M. Fletcher

From the NABA-DC Executive Board:

With summer on the horizon, the Native American Bar Association of Washington, DC (NABA-DC) is gearing up its programming for DC summer interns interested in Indian law and policy, including our brownbag lunch series and mentorship program!

Below is a sign up link for interns to receive NABA-DC summer event information, request a mentor, and participate in the brownbag lunch series!

           Interns sign up here: https://goo.gl/forms/uO3tErRM8NDbqXvl2

Also, if you are an attorney in DC, we hope you will consider serving as a mentor and/or hosting a brownbag lunch for interns!

          Mentors sign up here: https://goo.gl/forms/2Izr3Sj79OB1u9mF2

Mentorship Program: NABA-DC coordinates a mentorship program each summer to give legal interns working in Indian law a personal networking experience.  Interns are matched with professionals working in Washington D.C., with efforts made to find mentors who are working in the same fields the interns wish to enter.  The goal of the program is to enrich the interns’ educational experience in D.C. and connect practitioners with the next generation of Native leaders.

If you have any questions about the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com.

Brownbag Program and Other Events: Every year, NABA-DC organizes events for summer interns working in the field of Indian law and policy.  Events include brownbag lunches at government agencies, law firms, and non-profit organizations, as well as happy hours and a summer picnic. The brownbag lunch series is a wonderful opportunity for interns to network with fellow interns and potential employers.

Please note:  Brownbag hosts that have participated in the program in the past have been contacted regarding scheduling for this summer.  If your organization has not participated in the past and would like to participate this summer or if you have any questions about the brownbag lunch series please contact nabadcbrownbag@gmail.com.

Many thanks,

The NABA-DC Executive Board

Carl Tobias on Nominating Judge Diane Humetewa to the Ninth Circuit

Matthew L.M. Fletcher

Here is “Nominating Judge Humetewa to the Ninth Circuit,” which appears in the Los Angeles Review of Books blog. HT.

An excerpt:

Obama could have nominated Humetewa, but little time remained in his tenure for the Senate to confirm her. Thus, President Trump should promptly make Humetewa’s nomination. Elevation is a venerable tool which modern Presidents have employed, because the Senate has already confirmed the jurist, who has compiled a lengthy, accessible record. Trenchant Ninth Circuit illustrations encompass Judges Mary Murguia and Jacqueline Nguyen. The White House must assiduously consult McCain and Flake, who should be very supportive, as they promoted Humetewa’s district court appointment, especially by persuading GOP colleagues to favor her approval.

In sum, President Trump should promptly nominate Judge Diane Humetewa to the Ninth Circuit. Because she is a well qualified, consensus jurist, who has much experience addressing critical issues that the Ninth Circuit resolves, Humetewa will serve with great distinction.

New Scholarship on Navajo Nation Car Buyers and the Subprime Lending Problem

Matthew L.M. Fletcher

Megan Horning has published “Border Town Bullies: The Bad Auto Deal and Subprime
Lending Problem Among Navajo Nation Car Buyers” in the National Lawyers Guild Review:

Horning Article

Federal Court Rules Against Burley Faction in California Miwok Dispute

Matthew L.M. Fletcher1 Comment

Here are the materials in California Valley Miwok Tribe v. Zinke (E.D. Cal.):

44-1 Burley Motion for Summary J

46 US Cross-Motion

47 Dixie Cross-Motion

48 Burley Response

50 US Response

51 Dixie Response

53 Burley Reply

56 US Reply

57 Dixie Reply

60 DCT Order

Tribal Law Journal Volume 17 Issue

Matthew L.M. Fletcher

Here is a link to the Tribal Law Journal’s newest issue, Volume 17: http://lawschool.unm.edu/tlj/volumes/index.php

Volume 17 features three recently published law review articles written by students:

  • Federal Restrictions of Tribal Customary Law: The Importance of Tribal Customary Law in Tribal Courts  by Concetta R. Tsosie de Haro (Dine)
  • “Black Water” – The Devastating Effects of Alcohol on the Core Values of the A:Shiwi (Zuni) by Christy Chapman (Zuni)
  • “Postcolonial” Management of the Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability by Melissa Leonard