Navajos Seek $160M for Damages in Gold King Mine Spill

Teresa Walrod

“Navajo Nation Attorney General Ethel Branch said in the release that the spill transformed the river from a “life-giver and protector” to a “threat” to the Navajo people, crops and animals.”

Story is HERE.

SCOTUS to Hear Lewis v. Clarke on January 9, 2017

Matthew L.M. Fletcher

Here is the Court’s January calendar.

Background materials on the case here.

Court Permanently Enjoins County from Taxing Poarch Band’s Trust Lands

Sarah M Donnelly

Download(PDF): Doc. 90 Order for Permanent Injunction and Declaratory Judgment

Link: Counterclaims against US and Poarch Band Dismissed in Tax Dispute

WaPo: “In Dakota Access pipeline controversy, Obama’s ties to tribes played pivotal role”

Matthew L.M. Fletcher

Here.

Oglala Sioux Tribe Preliminary Response to DAPL Easement

Sarah M Donnelly

Download(PDF): Re: Easement for Dakota Access Pipeline, Re: Request for Emergency Assistance

Links: SD Executive Order 2016-08

Legal Guidance on Detention of Non-Indian Criminal Suspects

Sarah M Donnelly

Download(PDF): Signed Memo Guidance on Legal Authority

The BIA Office of Tribal Justice issued guidance on legal authority of Tribal law enforcement to detain non-Indian offenders in Indian Country. It clarifies that if a non-Indian commits a crime in Indian country, tribal police have the authority to detain and put them in BIA detention facilities, until the status of tribal jurisdiction can be determined.  If the tribe does not have criminal jurisdiction, they can be held until transferred to a federal or state prosecuting authority.

Sioux Tribes Request Precautionary Measures to Protect Against DAPL

Sarah M Donnelly

Download(PDF):

Filed on behalf of Standing Rock, Cheyenne River, and Yankton Sioux Tribes by the American Indian Law Clinic at Colorado Law, Earthjustice, and Fredericks, Peebles and Morgan LLP.

Measures requested:

  1. Deny the easement allowing construction of the pipeline under the Missouri River at
    Lake Oahe as soon as possible;
  2. Complete a full environmental impact statement in formal consultation with the Tribes;
  3. Establish clear rules requiring that indigenous peoples who may be affected by
    government decisions have the opportunity for full and meaningful prior informed
    consent within the meanings established in the UN Declaration on the Rights of
    Indigenous Peoples and the jurisprudence of the Inter-American Court and this
    Commission;
  4. Establish clear rules ensuring full environmental and social assessment of activities that may affect indigenous peoples, with the full participation of the affected indigenous peoples;
  5. Immediately take all actions necessary to guarantee the safety of those engaging in
    peaceful prayer and protest concerning DAPL, and to ensure the full enjoyment of their rights to expression and assembly;
  6. Any other action this Commission deems appropriate.

Nebraska Supreme Court ICWA/NICWA Decision

Kate Fort

Here.

This is a tough case of intergenerational removal. The Nebraska Supreme Court finds that both ICWA and NICWA apply to non-Indian parents of Indian children as defined by the statutes. The Court also found that NICWA’s different language in its active efforts provision, which requires active efforts not just to prevent the break up of the family, but to unite the parent with the Indian child, means the Baby Girl holding does not apply to that provision of state law. However, where NICWA’s language is the same as ICWA’s regarding “continued custody” in the termination of parental rights section, the Baby Girl holding does apply, and there is no need to find the continued custody of the child will result in serious physical or emotional damage, where the parent hasn’t had custody of the child.

While the new federal Regulations, which go into effect next week, are useful for tribes and Native families, state ICWA laws continue to hold the most promise for enforcement of the law in the courts. If your state is contemplating drafting one (either through a tribal-state workgroup, Court Improvement Program, or other mechanism), there are resources and people available to provide research and assistance.

Financial Blog: “Trump advisors aim to privatize oil-rich Indian reservations”

Matthew L.M. Fletcher2 Comments

Here.

Policy Associate Position with National Council of Urban Indian Health

Sarah M Donnelly

Download(PDF): NCUIH Policy Associate

Due: December 8, 2016

A resume with a brief email of your interest should be sent to Francys Crevier at FCrevier@NCUIH.org. Looking to fill this position ASAP. This position is not eligible for benefits and is contracted through mid-April with the opportunity of permanent placement and benefits pending funding and performance. The payment would be bi-weekly at an hourly rate equal to $3,000 monthly.