Seventh Circuit Briefs in MCZ Development Corp. v. Dickinson Wright

Matthew L.M. Fletcher

Here:

MCZ Opening Brief

Dickinson Brief

Other briefs TK

Lower court materials here.

Statement from the appellant’s brief:

This is a legal malpractice action stemming from legal services and advice Appellees provided Appellants beginning in December 2009. The legal services and advice pertained to Appellants’ planned investment in and development of an Indian gaming casino in Broken Arrow, Oklahoma, in conjunction with the Kialegee Tribal Town (the “Tribe”), an Indian tribe.The advice which Appellants contend caused them to sustain damages hinged on whether potential legal or regulatory issues could prevent Appellants from moving forward with the project once development and construction of the site began.

Karuk Tribe Complaint against National Marine Fisheries Service

Matthew L.M. Fletcher

Here is the complaint in Karuk Tribe v. Stelle (N.D. Cal.):

Complaint

An excerpt:

This is a civil action against the National Marine Fisheries Service (“NMFS”) of the U.S. Department of Commerce, and the United States Forest Service (“USFS”) of the U.S. Department of Agriculture. Plaintiffs allege NMFS violated the Endangered Species Act (“ESA”) when it issued a Biological Opinion (“BiOp”) and Incidental Take Statement (“ITS”) for the Westside Fire Recovery Project on Forest Service lands in the Klamath River watershed. Plaintiffs further allege the USFS violated the National Environmental Policy Act and National Forest Management Act when it issued a Record of Decision (“ROD”) approving the Westside Fire Recovery Project on the Klamath National Forest.

Kickstarter for Feature-Length Documentary “Dawnland”

Sarah M Donnelly

Link to Kickstarter and information here.

Dawnland is a documentary about cultural survival and stolen children: inside the first “truth and reconciliation commission” for Native Americans in Maine.

Federal Court Dismisses Suit to Force BIA to do More to Protect Eagles affected by Wind Energy

Matthew L.M. Fletcher2 Comments

Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.):

33 Tule Wind Motion

34-1 Ewiiaapaayp Band of Kumeyaay Indians Motion

35-1 US Motion38 Opposition

43 Ewiiaapaayp Band of Kumeyaay Indians Reply

44 Tule Wind Reply

45 US Reply

EWI Protect Our Communities Order Granting Motion for Judgment on Pleadings_3-29-16

An excerpt:

This case concerns the construction of the second phase of an industrial-scale wind farm and the well-being of eagles who nest in or pass through the same general area. More particularly, Plaintiffs, with the noble goal of protecting these eagles, challenge a federal agency’s approval of the project despite its potential to harm eagles. The issue in this case and for these Motions is not whether the agency and those involved in building the wind farm may simply disregard the eagles’ well-being. Harming or killing eagles is a serious offense that subjects offenders to civil fines, criminal fines, and even imprisonment. That is not in dispute. Rather, the question in this case and for these Motions is whether the agency that Plaintiffs sued—BIA—was obligated to take further steps to protect these birds under federal law. Because BIA did not have a legal obligation to proactively ensure that Tule would not violate other federal laws and because, after BIA issued its decision, there was no remaining major federal administrative agency action that would require supplemental environmental analysis, the Court GRANTS Tule’s, the Tribe’s, and BIA’s Motions.

SCOTUSBlog Preview of United States v. Bryant

Matthew L.M. Fletcher

Here.

Three Day VAWA Training and Mock Trial at Sisseton-Wahpeton Oyate

Sarah M Donnelly

1. Save-the-Date SWO VAWA (PDF)

2. Conference Registration – SWO VAWA Training (PDF)

3. Agenda (DRAFT) SWO VAWA (PDF)

New Scholarship on the Burt Lake Burn-Out

Matthew L.M. Fletcher2 Comments

Richard Wiles has published “A Bitter Memory: Seeking Maamaw Gwayak (Social Justice) at Burt Lake” in the Michigan Historical Review.

The BURN OUT’S Bitter Memory

Mr. Wiles has also published a two-part article in the Mackinac Journal on northern Michigan Indians:

MacChebHist art-No 1

MAC-ChebHis-part 2-B

Sault Tribe RFP for Appellate Judge

Matthew L.M. Fletcher

REQUEST FOR PROPOSALS  

The Sault Ste. Marie Tribe of Chippewa Indians seeks qualified licensed attorneys and/or non-attorneys for the position of Appellate Judge in the Sault Ste. Marie Chippewa Tribal Appellate Court.  The Appellate Court has the following vacancies to fill:

  • Licensed attorney positions –(active & reserve)
  • Elder position (active & reserve)

The Appellate Court meets monthly.  Oral argument is held in Sault Ste. Marie, MI.

Appeals filed vary from year to year, but typically can be anywhere from 1 – 4 per year.

These positions include a $200 per month stipend (if not employed by the tribe).   Licensed attorney positions are also paid at the rate of $150 per hour with a maximum billing of $5,000 per year.

Qualifications for Licensed Attorney positions include:

  • Must be a member of the Sault Ste. Marie Tribe of Chippewa Indians
  • Must be a member in good standing with the State Bar of Michigan

Qualifications for Elder (attorney or non-Attorney) position include:

  • Must be a member of the Sault Ste. Marie Tribe of Chippewa Indians
  • Must be age 60 or older
  • If an attorney, must be a member in good standing with the State Bar of Michigan

To further be considered for these positions, Applicants should be able to demonstrate that they have:

  • Substantial education and experience working with Tribal, State and Federal law
  • Extensive knowledge in juvenile, criminal and child welfare proceedings
  • Knowledge and understanding of the history and traditions of the Sault Tribe

A letter of interest, resume, and application should be submitted to:

Sault Ste. Marie Chippewa Tribal Court Continue reading →

Policy Analyst Positions at Interior’s Indian Water Rights Office

Sarah M Donnelly

Link to Senior Policy Analyst announcement here.

Download senior analyst duties and responsibilities here.

Link to Policy Analyst announcement here.

NNALSA 2016 Writing Competition Results

Matthew L.M. Fletcher

Congrats to Katie Jones!!!!

2016-NNALSA-Writing-Competition-Winners