D.C. Circuit Briefs in “Old Section 81” Appeal

Here are the briefs in Quantum Entertainment Inc. v. Dept. of Interior:

Quantum Opening Brief

Interior Answering Brief

Quantum Reply Brief

Lower court materials here.

BIA Job Openings at Spirit Lake (Fort Totten Agency)

The link for USAJOBS.GOV for the Position Vacancy Announcement AB-13-04 Child Welfare Specialist, GS-7/9 (4 positions) for the Fort Totten Agency.

Interior Secretary Press Release on ASIA Kevin Washburn Confirmation

Salazar Applauds Senate Confirmation of Kevin Washburn as Interior’s Assistant Secretary for Indian Affairs

WASHINGTON, DC – Secretary of the Interior Ken Salazar today applauded the Senate’s confirmation of Kevin K. Washburn, a member of the Chickasaw Nation of Oklahoma, to serve as Assistant Secretary for Indian Affairs at the Department of the Interior. The Senate confirmed Washburn’s nomination, which President Obama announced in early August, by unanimous consent last night.

“As we continue to strengthen the integrity of the nation’s government-to-government relationship with federally-recognized Indian tribes and empower Native American and Alaska Native communities, Kevin Washburn will be an outstanding addition to our leadership team and a vital asset for President Obama’s initiatives in Indian Country,” Salazar said. “Kevin’s professional and academic achievements and his thorough knowledge of the critical issues facing the Nation’s First Americans will help us to fulfill the President’s commitment to empower tribal governments and advance their economic and social goals.”

Washburn is Dean of the University of New Mexico School of Law, a position he has held since June 2009. Prior to that, he served as the Rosenstiel Distinguished Professor of Law at the University of Arizona James E. Rogers College of Law from 2008 to 2009 and as an Associate Professor of Law at the University of Minnesota Law School from 2002 to 2008. From 2007 to 2008, Mr. Washburn was the Oneida Indian Nation Visiting Professor at Harvard Law School. Previously, he served as General Counsel for the National Indian Gaming Commission from 2000 to 2002, and as an Assistant United States Attorney in Albuquerque, New Mexico, from 1997 to 2000. Mr. Washburn was a trial attorney in the Indian Resources Section of the U.S. Department of Justice from 1994 to 1997. Mr. Washburn is a member of the Chickasaw Nation of Oklahoma. He earned a B.A. from the University of Oklahoma and a J.D. from Yale Law School.

Washburn will lead a team that includes Lawrence S. “Larry” Roberts as Deputy Assistant Secretary for Indian Affairs. An enrolled member of the Oneida Tribe of Wisconsin, Roberts, who joined Interior on September 5, is an accomplished federal attorney with extensive experience in federal Indian law and programs. He had been serving as General Counsel of the National Indian Gaming Commission since July 2010.

Donald “Del” Laverdure, the Principal Deputy Assistant Secretary for Indian Affairs, has been serving as the Acting Assistant Secretary. During his tenure, Laverdure has worked to resolve long-standing water rights issues, improve public safety and education in tribal communities, accelerate the restoration of tribal homelands, and help Indian nations pursue the future of their choosing.

BIA/DOJ Tribal Court Training Announcements

Here:

Training Announcement (Trial Advocacy)-Chinle, AZ

Training Announcement (Trial Advocacy)-Seattle, WA

Prior announcement was here.

ICT Article on Paul Ryan’s American Indian Outlook

Here.

Joint Interior-Justice Tribal Court Advocacy Programs for Tribal Prosecutors

Here:

Interior Press Release on Trial Ad Programs

Trial Advocacy Training Announcement (Great falls, MT)

Trial Advocacy Training Announcement (Ignacio, CO)

From the press release:

A pilot training session on domestic violence held by the OJS and the ATJ in August 2011 in Rapid City, S.D., proved so successful that the OJS and its federal partners provided funding for seven additional sessions. The first of those, which focused on illegal narcotics, was held March 13-15, 2012, in Phoenix, Ariz. Each of the six remaining sessions, to be held through the rest of 2012 and into 2013, will focus on one training topic. The schedule for the coming sessions is:

• July 24-26, 2012, Duluth, Minn.
• August 14-16, 2012, Durango, Colo.
• September 11-13, 2012, Great Falls, Mont.
• October 2-4, 2012, Seattle, Wash.
• October 23-25, 2012, Chinle, Ariz.
• January 15-17, 2013, Albuquerque, N.M.

President Obama Nominates Dean Kevin Washburn for Assistant Secretary for Indian Affairs

Here.

And here.

From the White House press release:

President Obama Announces More Key Administration Posts
WASHINGTON, DC – Today, President Barack Obama announced his intent to nominate the following individuals to key Administration posts:
  • Kevin K. Washburn – Assistant Secretary for Indian Affairs, Department of the Interior
  • Jenny R. Yang – Commissioner, Equal Employment Opportunity Commission
President Obama said, “These individuals have demonstrated knowledge and dedication throughout their careers. I am grateful they have chosen to take on these important roles, and I look forward to working with them in the months and years to come.”
President Obama announced his intent to nominate the following individuals to key Administration posts:
Kevin K. Washburn, Nominee for Assistant Secretary for Indian Affairs, Department of the Interior
Kevin K. Washburn is Dean of the University of New Mexico School of Law, a position he has held since June 2009. Prior to that, he served as the Rosenstiel Distinguished Professor of Law at the University of Arizona James E. Rogers College of Law from 2008 to 2009 and as an Associate Professor of Law at the University of Minnesota Law School from 2002 to 2008. From 2007 to 2008, Mr. Washburn was the Oneida Indian Nation Visiting Professor at Harvard Law School. Previously, he served as General Counsel for the National Indian Gaming Commission from 2000 to 2002, and as an Assistant United States Attorney in Albuquerque, New Mexico, from 1997 to 2000.  Mr. Washburn was a trial attorney in the Indian Resources Section of the U.S. Department of Justice from 1994 to 1997.  Mr. Washburn is a member of the Chickasaw Nation of Oklahoma.  He earned a B.A. from the University of Oklahoma and a J.D. from Yale Law School.

Update in Alto v. Salazar (San Pasqual Disenrollment Challenge)

We left it in December with the court enjoining Interior from removing the Alto plaintiffs from the San Pasqual Band rolls. Here are additional materials leading to last week’s order denying the tribe’s motion to dissolve the order:

San Pasqual Motion to Dissolve PI

San Pasqual Motion to Dismiss

Interior Response

Alto Response to Motion to Dismiss

San Pasqual Reply in Support of Motion to Dismiss

San Pasqual Reply in Support of Motion to Dissolve

DCT Order Denying Motion to Dissolve

And now pending responses:

Alto Motion for Summary J

Federal Court Dismisses Claims Relating to Bison Round-Up at Crow

Here are the materials in Siemion v. Stewert (D. Mont.):

Tribal Motion to Dismiss

MJ Order in Siemion

DCT Order in Siemion

Here is a description of the case from the MJ order:

Plaintiff Nelvette Siemion (“Siemion”), appearing pro se, filed her Amended Complaint on January 30, 2012, listing 14 counts. Am. Cmplt. (Court Doc. 32). This action stems from three general allegations that one or more of the named Defendants wrongfully (1) deprived Siemion of Crow Tribal land leases to which she was entitled; (2) rounded up, seized, and impounded about 200 head of Siemion’s bison causing her to incur penalties and costs to recover them; and (3) killed, butchered, and distributed the meat from three of Siemion’s bison bulls. The claims and the defendants against whom Siemion asserts them are discussed in more detail below.

Effort by “Ukiah Valley Pomo Indian Tribe” to Force Secretarial Election/Federal Recognition Fails

Here are the materials in Allen v. United States (N.D. Cal.):

DCT Order Dismissing Allen Complaint

USA Motion to Dismiss

Allen Motion for Summary J