Federal Court Vacates Trump-Era Repeal of Obama-Era Navigable Waters Protection Rule

Here are the materials in Pascua Yaqui Tribe v. EPA (D. Ariz.):

1 Complaint

48 Tribes Motion for Summary J

72 EPA Motion to Remand

74 Tribes Response

83 EPA Reply

99 DCT Order

Tribes Sue EPA over Clean Water Act Rules

Here is the complaint in Pascua Yaqui Tribe v. EPA (D. Ariz.):

1 Complaint

Here is the complaint in Navajo Nation v. Wheeler (D. N.M.):

1 Complaint

Fond du Lac Member Appointed to State Office

Yesterday Minnesota Governor Elect, Tim Walz, appointed Dennis Olson, Jr. as the Commissioner of Minnesota Office of Higher Education. Dennis is a citizen of the Fond du Lac Band of Lake Superior Chippewa and currently serves as the Executive Director of the Minnesota Indian Affairs Council. This appointment is part of Governor Elect Walz’s effort to increase access to education for people of color and address the disparities in prison populations.

Minnesota Lt. Governor-Elect, Peggy Flanagan, is the first ever Native American woman to be elected to state wide executive office.

Both Olson and Flanagan are graduates of the University of Minnesota American Indian Studies program.



Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

University of California at San Fransisco

Associate Director, Office for the Prevention of Harassment and Discrimination. Represents UCSF on behalf of the OPHD Director and serves on various UC and UCSF committees. The Associate Director ensures that UCSF faculty and staff employment policies and procedures comply with all relevant federal, state, and University equal opportunity/affirmative action requirements.

Fond du Lac Band of Lake Superior Chippewa

Staff Attorney, Cloquet, M.N. Provides general legal services to the Band. The Staff Attorney’s responsibilities include contract drafting, litigation, working with administrative agencies, preparing tribal ordinances, and other duties assigned by the Tribal Attorney.  To apply, please submit an application(PDF), resume, and any other supporting documentation to: Fond du Lac Human Resources, 1720 Big Lake Road, Cloquet, MN 55720.

Nisqually Indian Tribe

General Tribal Attorney, Olympia, W.A. Assists and advises the Nisqually Tribal Council, Legal Department Director, and tribal departments in the legal matters related to the management, affairs, and interests of the Tribe. Closes Saturday, October 15, 2017.

Flandreau Santee Sioux Tribe

Human Resources Director, Flandreau S.D. responsible for strategically managing and leading the Human Resources and employees benefit functions of the Tribe, the Tribe’s Health Clinic, and all Tribal Businesses except the Royal River Casino and Hotel. The Director plans and implements Human Resource and employee benefit policies, and updates them periodically. Director ensures that all organizational personnel actions are carried out properly, strictly adhering to tribal and federal laws, and ethical standards. The position also ensures that employee benefits are actively managed and compliant. Applications due Friday, October 6, 2017.

Powers Pyles Sutter & Verville PC

Government Relations Manager, Native American/Tribal Government Practice Group, Washington D.C. Supports Native American advocacy and policy efforts by helping clients design and implement strategies to achieve their social, business and economic goals within a complex legal regulatory framework. A key component of the role is direct lobbying and advocacy. The Manager will advocate on behalf of client interests, monitor and research legislative and regulatory policy developments, draft analyses, prepare correspondences and other documents, as well as facilitate logistics for briefings, agency, and Capitol Hill visits. Qualified candidates will have 3-5 years of relevant regulatory and legislative experience to include at least 2 years of direct lobbying experience. The manager must possess strong analytical, research, and writing skills. A bachelor’s degree is preferred. For consideration, submit a cover letter, resume and writing sample (3-8 pages in length) to Recruiting@PowersLaw.com. In the subject of your correspondence, note “Tribal Relations Manager.” EOE. No search firm submissions, please.

Powers Pyles Sutter & Verville is a law and government relations firm located in Washington, DC, with a national practice focused in four main areas: health law, education law, tribal law, and the law of tax-exempt organizations. Our professionals have served in senior positions in Congress, the White House, the Department of Health and Human Services, presidential commissions and advisory boards, corporate positions, and the private practice of law. The firm remains philosophically committed to the initial vision of remaining mid-sized and independent.

Procopio, Cory, Hargreaves & Savitch, LLP

Summer 2018 Native American Law Internship(2), San Diego, C.A. gain hands-on experience dealing with everyday legal issues facing Native American communities. Interns are involved in matters that deal with specific Indian law-related legal practice matters and other legal problems facing tribal governments and Native entities. Procopio Interns reach out to local Native American youth to provide guidance and inspiration regarding educational direction and opportunities. Applications are due Tuesday, October 31st by 5 p.m. PST.

United States Attorneys Office, District of New Mexico

AUSA (Indian Crimes), Albuquerque, N.M. The attorney selected will be working in the Indian Crimes Section in Albuquerque, New Mexico and will handle prosecutions of a wide variety of federal offenses. Applicants must demonstrate a quick analytical ability and the facility to accurately and precisely articulate the critical issues in a case. Applicants must demonstrate superior oral and writing skills as well as strong research and interpersonal skills, and good judgment. Applicants must possess excellent communication and courtroom skills and exhibit the ability to work in a supportive and professional manner with other attorneys, support staff and client agencies. Applicants must have a demonstrated capacity to function, with minimal guidance, in a highly demanding environment. Applicants will be expected to do their own legal research and writing and will be substantially self-sufficient in preparing day-to-day correspondence and pleadings. Applicants must also demonstrate excellent computer literacy skills to include experience with automated research on the Internet, electronic court filing, and electronic e-mail and word processing systems. Responsibilities will increase and assignments will become more complex as your training and experience progress. Application Deadline: October 4, 2017.

AUSA (Criminal), Las Cruces, N.M. The attorney selected will be working in the Las Cruces Branch office and will handle prosecutions of a wide variety of federal offenses. Application Deadline: October 4, 2017.

AUSA (Organized Crime/Drug Enforcement), Albuquerque, N.M. The attorney selected will be working in the Organized Crime Drug Enforcement Task Force Section. The attorney selected will handle prosecutions of a wide variety of federal offenses, with an emphasis on the prosecution of narcotics crimes. Prosecutions of narcotics offenses include enforcement of Title 21 and cases involving organizations responsible for the trafficking of heroin, marijuana, cocaine, methamphetamine and other controlled substances. Application Deadline: October 4, 2017.

United States Attorneys Office, District of Colorado

AUSA (Appellate), Denver, C.O. Represent the United States in criminal and civil cases before the United States Court of Appeals for the Tenth Circuit. He or she also will handle district court actions filed by federal prisoners under 28 U.S.C. § 2255. Additionally, the AUSA will be required to provide support to lawyers in the Criminal and Civil Divisions. Responsibilities will increase and assignments will become more complex as your training and experience progress. Closes October 3, 2017.

United States Attorneys Office, District of Arizona

AUSA(3), Tuscon, A.Z. Represent the interests of the United States of America in the United States District Court of Arizona and the United States Court of Appeals for the Ninth Circuit, in performing this important public service, to exercise responsibility that is unparalleled in ay other job that a litigator might undertake. AUSAs immediately undertake cases, many high profile, in any of several units within each division. Closes October 4, 2017.

Other jobs posted this week:

RFP for Guardian ad Litems, Grand Traverse Band of Ottawa and Chippewa (9/20/17).

Previous Friday Job Announcements: 9/15/17

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Fond Du Lac Band of Lake Superior Chippewa

Tribal Court Strategic Planning RFP. The consultant will engage with justice system partners in a data-informed planning process and will develop a written tribal court strategic plan that will guide the development of the Fond du Lac Tribal Court. To submit a proposal, send a proposal by e-mail to MiyahDanielson@fdlrez.com or by mail to Miyah Danielson, Executive Director for Tribal Programs, 1720 Big Lake Road, Cloquet, MN 55720. Proposals must be received by 4:30 p.m. central time on Friday, September 1, 2017.

Tribal Court Personal Representative Legal Services RFP. Provide legal representation to personal representatives in tribal court probate proceedings

Oglala Sioux Tribe

Notice is hereby given that the OGLALA SIOUX TRIBE is accepting applications for the positions of:

Administrative Law Judge
Attorney General
Prosecutor (3 positions)
Chief Judge
Ethics Committee (4 positions) & Alternate (2 position)
General Manager – Casino

All positions open until filled. Please call Oglala Sioux Tribe Secretary, Donna Solomon at (605) 867-8468 for further information.

Native American Disability Law Center

Attorney, Farmington or Gallup, N.M. The Law Center provides legal services to Native Americans with disabilities living on or near the Navajo & Hopi reservations.

National Council of Urban Indian Health

Director of Governmental Affairs, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, grants, and the legislative process as well as a work history with Native American issues and a strong work ethic. This opportunity would be best for someone who has congressional experience and a passion for the betterment of American Indian/Alaska Native healthcare.

Policy Associate, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, and the federal legislative process as well as a work history with Native American issues and a strong work ethic.

Shoshone-Bannock Tribes

Assistant Prosecutor. This position is for attorneys or advocates with entry to mid-level experience. This position will mainly handle criminal cases, but will involve some juvenile, child support, and child protection matters. Pay is dependent upon experience. Indian and Veteran preference applies. Call or email with any questions. You must turn in an application and all supporting documents by 5:00 p.m. on 25 August 2017 to be eligible for this position. Incomplete applications may be screened out. Telephone calls are not accepted in place of an employment application.

Confederated Tribes of the Colville Reservation

Senior Staff Attorney, Office of the Reservation Attorney. Must have at least five (5) years but preferably ten (10) years of successful experience as a licensed attorney and provide evidence of expertise in issues related to Tribal Government and Policy, Water and/or Natural Resources Law, and/or Tribal Economic Development, and/or Employment Law. Open Until Filled with First Review August 18, 2017.

University of South Dakota School of Law

Tenure-Track Position in Trial Advocacy. Will teach two three-credit sections of the Trial Techniques class most semesters, and in addition, will be responsible for coaching the trial team program. The trial team has a high rate of student participation.

Kalispel Tribe of Indians

Paralegal, Airway Heights, W.A. Assists the assigned attorney with legal issues and concerns involving Tribal Legal Office activities.

Other positions posted recently:

University of Montana Alexander Blewett III School of Law – Natural Resources/Environmental law professor (8/16/17)

Prairie Island Indian Community – RFPs for Appellate Judge, Election Legal Services, and Associate Judge (8/14/17)

Nez Perce Tribe – Public Defender, Chief Judge

Last Friday Jobs Announcement: 8/4/17

Federal Court Orders Tribal Exhaustion in Repo Matter

Here are the materials in Tiessen v. Chrysler Capital (D. Minn.):

15 Repossessor Motion to Dismiss

28 Opposition

33 Reply

41 Magistrate Report

42 DCT Order

Fond du Lac Band of Lake Superior Chippewa Request for Proposals

The Fond du Lac Band of Lake Superior Chippewa is soliciting proposals from qualified, licensed attorneys to provide judicial services for the Band’s tribal court. The Band anticipates selecting four individuals to serve as appellate court judges and one individual to serve as a pro tem trial court judge.

The pro tem trial court judge will serve when the Band’s Chief Judge is unavailable, as assigned by the Chief Judge. The pro tem judge presides on motions and requests of the parties; schedules and presides over conferences, evidentiary hearings and bench trials; conducts necessary legal or factual research; and renders legal opinions.

The Band’s trial court hears cases on the first Monday and Tuesday of the month, unless the first Monday is a holiday. In that case, the court convenes on the second Monday and Tuesday of the month. Other court dates may be scheduled by the Chief Judge as necessary. The Trial court hears cases involving violations of the traffic, animal control, truancy and conservation codes, as well as general civil matters, including but not limited to dissolution of marriage, name change, small claims, contracts, and probate. In 2015, there were 179 new cases filed with the court. The Band’s ordinances are available at http://www.fdlrez.com/government/fdlordinances.htm.

The Band does not currently have an appellate court. The Band’s appellate code is currently under development. It is anticipated that oral arguments will be held at the Fond du Lac Tribal Court, and that the number of appeals will not exceed five annually.

Indian preference will apply in the selection process in accordance with the Band’s Tribal Employment Rights Ordinance.

Applicants must meet the following minimum qualifications:

  1. Have graduated from an accredited law school and be admitted to the bar in any state;
  2. Have a minimum of 8 years’ experience practicing law (which may include service on a tribal, federal or state court bench);
  3. Have a demonstrable knowledge of Indian and Federal law;
  4. Be familiar with the Constitution and laws of the Minnesota Chippewa Tribe and the laws of the Fond du Lac Band;
  5. Have never been convicted or pleaded guilty to any felony, nor been found guilty of any crime involving fraud or dishonesty or moral turpitude.

Demonstrable knowledge and experience with Tribal Courts is preferred, but not required.

To submit a proposal, send a proposal by e-mail to kristiwheale@fdlrez.com or by mail to Kristi Wheale, Clerk of Court, Fond du Lac Tribal Court, 1720 Big Lake Road, Cloquet, MN 55720

The proposal should include:

  1. A proposed rate or fee;
  2. A statement to indicate whether the applicant is interested in an appellate court position, the pro-tem trial court position, or both.
  3. A resume and a statement of qualifications;
  4. A list of at least three professional references that may be contacted by the Band. It is preferred that the references include clients for whom similar work has been done within the past two year period. References shall include a complete address, contact name and telephone number.

Proposals must be received by 4:30 p.m. central time on Friday, October 7, 2016.

D.C. Circuit Briefs in City of Duluth v. National Indian Gaming Commission


2015 07 06 Statement of Issues

2015 07 06 Underlying Decision in Case–Memorandum Opinion

2015 09 11 Appellant Brief

2015 11 18 Appellee Brief

2015 12 03 Fond du Lac Band Amicus for Appellee Brief

Duluth Reply

Lower court briefs:

25 Duluth Motion for Summary J

26 US Cross Motion for Summary J

27-1 Fond du Lac Proposed Amicus Brief

DCT order Denying NIGC Motion to Dismiss

Federal Motion to Dismiss

Duluth Opposition

Federal Reply

Complaint here.



NIGC Prevails in Dispute with City of Duluth over the Fond du Luth Casino

The D.C. District Court granted the NIGC’s motion for summary judgment and dismissed the City’s APA challenge to the Fond-du-Luth NOV. Here is the order in City of Duluth v. National Indian Gaming Commission (D. D.C.):

APA case — District Court Op. (March 31 2015)

An excerpt:

Plaintiff City of Duluth, Minnesota, brings this action challenging a Notice of Violation (“NOV”) that the National Indian Gaming Commission (the “Commission”) issued to the Fond du Lac Band of Lake Superior Chippewa (the “Band”) with respect to Band’s gaming establishment in the City of Duluth. This action is the latest step in a long saga pertaining to the relationship of the Band and the City of Duluth with respect to gaming, including proceedings in federal court in Minnesota, before the National Indian Gaming Commission, and, now, before this Court as well. In a nutshell, in the NOV, issued July 12, 2011, the National Indian Gaming Commission informed the Band that the 1994 Agreement between the Band and the City of Duluth violated the requirement that the Band have the “sole proprietary interest” in the gaming activity pursuant to the Indian Gaming Regulatory Act of 1988. The City of Duluth filed this action pursuant to the Administrative Procedure Act, claiming that the NOV, first, was arbitrary, capricious or otherwise not in accordance with law, and, second, exceeded Defendants’ authority under the Indian Gaming Regulatory Act. The City of Duluth requests that the NOV be set aside and requests related declaratory and injunctive relief. The Federal Defendants—the Commission and Jonodev Chaudhuri, in his official capacity as Acting Chairman of the National Indian Gaming Commission—argue that the NOV neither was arbitrary or capricious nor exceeded the scope of the Commission’s authority. Before the Court are Plaintiff’s [24] Motion for Summary Judgment and the Federal Defendants’ [26] Cross-Motion for Summary Judgment. Upon consideration of the pleadings, the relevant legal authorities, and the record as a whole, the Court DENIES Plaintiff’s [24] Motion for Summary Judgment and GRANTS the Federal Defendants’ [26] Cross-Motion for Summary Judgment. The Court concludes that the NOV was not arbitrary or capricious; that it did not exceed the scope of the Commission’s authority; and that none of the other legal infirmities that Plaintiff identifies are grounds for setting aside the NOV. Accordingly, this case is dismissed in its entirety.

Briefs are here.