Wisconsin Tribes Sue Wisconsin over Taxation of Indian Lands

Here are the materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Walker (W.D. Wis.):

2018.11.30 – Docket 01 – Complaint

2018.11.30 – Docket 1-1 – Civil Cover Sheet

2018.11.30 – Docket 1-2 – Exhibit Index

2018.11.30 – Docket 1-3 – Exhibit A – Treaty with Chippewa

2018.11.30 – Docket 1-4 – Exhibit B – Sample Red Cliff Patent

The Wisconsin Experiment

Donald Trump’s war on the environment was prototyped by far-right politicians in state government. We can learn from Indigenous communities who fought back in the name of science and democracy — and won.

In the opening months of the Trump administration, we have seen concerted attacks on science, environment, and democracy. Climate change denier Scott Pruitt was put in charge of the Environmental Protection Agency, although he could not name a single regulation he favors. Congress revoked rules against dumping mining waste in streams, and the president began rolling back Obama-era climate actions. The draft federal budget includes deep cuts to the EPA, NOAA, and public lands agencies, slashing more than 50 programs, including environmental justice. 1 If dismantling environmental law is the first step toward what White House strategist Steve Bannon calls “the deconstruction of the administrative state,” 2 that’s because it touches everything Trump holds in contempt: empirical evidence, international cooperation, democratic process, the rights of minorities, the future itself.

HERE

Now Published Case out of California on Application of ICWA to Eligible Children

Here. (original unpublished opinion we posted last week). Appellants requested this opinion be published, so the published opinion is here.

We’d like to point out that the fact that mother was a minor and a dependent of the court meant that the state should have been treating MOTHER’S own case as an ICWA case, which does not seem to have happened (and if you’re keeping track, yes, I’ve now used italics, allcaps, AND red ink on this one).

In this case, BOTH the Red Cliff Band of Lake Superior Chippewa AND the Bad River Band of Lake Superior Chippewa Tribe responded to the Department’s notice. Both Bands stated the children were eligible for enrollment, and Red Cliff asked for more information. Mother was a minor and a runaway from her placement. But instead of sending the information, or following up to assist in getting the children enrolled, or provide active efforts, the Department requested the juvenile court find that ICWA did not apply. Which the juvenile court did. Specifically:

Our record discloses no further action after November 2013, until an interim review report, dated April 22, 2014, stated, “[i]t is respectfully requested that the Court make a finding as to the children’s Indian Child Welfare Act Status.” The report further stated that ICWA “does or may apply” as each child might be an Indian child in the Chippewa tribe and was ICWA “eligible” (capitalization & boldface omitted). SSA proposed the court find “ICWA does not apply,” and the juvenile court’s minute order, dated April 22, 2014, contains the finding, “ICWA does not apply.” In a minute order dated June 19, 2014, the juvenile court again stated: “Court finds ICWA does not apply.”

The Court of Appeals held:

Given the above cited authorities, the juvenile court erred by finding ICWA did not apply. Not only did insufficient evidence support that finding, but also two tribes responded to SSA’s ICWA notice, by stating that the children were eligible to enroll in them. The court was thereafter required to proceed as if the children were Indian children.

Under these circumstances, we must reverse the order terminating parental rights and remand with directions for the juvenile court to order SSA to make active efforts necessary to secure tribal membership for the children. (In re K.M. (2015) 242 Cal.App.4th 450, 458–459.)

Federal Court Allows Tribal Night Deer Hunting in Wisconsin

Here are the materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin (W.D. Wis.):

404 Tribal Brief

406 Opposition

409 Reply

410 DCT Order

This case is on remand from the CA7, materials here.

News coverage here.

SCOTUS Denies Cert in Wisconsin v. LCO Night Deer Hunting Case

Here is today’s order list.

The petition is here.

Wisconsin Files Cert Petition in Night Deer Hunting Case

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual  conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.

1842 Ojibwe Treaty Meeting at Lac Vieux Desert

Participants: Lac Vieux Desert, Lac du Flambeau, Mole Lake, St. Croix, Red Cliff, Fond du Lac, Keweenaw Bay, Bad River, Lac Courte Oreilles

Here:

1842 Ojibwe Treaty Meeting 2 1842 Ojibwe Treaty Meeting 3 1842 Ojibwe Treaty Meeting 4 1842 Ojibwe Treaty Meeting 5 1842 Ojibwe Treaty Meeting

Seventh Circuit Reverses and Remands Night Deer Hunting Case

Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:

LCO Opinion

Briefs here.

Lower court materials here.