Update in Indian Students’ Claims against BIE School at Havasupai

Here are the updated materials in Stephen C. v. Bureau of Indian Education (D. Ariz.):

128 Third Amended Complaint

182 BIE Motion for Partial Summary J

184 Plaintiffs Motion for Partial Summary J

190 Plaintiffs Response

191 BIE Response

202 Plaintiffs Reply

203 BIE Reply

214 DCT Order

216 BIE Motion for Partial Relief

219 Plaintiffs Response

231 BIE Trial Brief on Section 504

233 BIE Trial Brief on Expert Witnesses

234 Plaintiffs Trial Brief on Reasonable Accommodations

235 Plaintiffs Trial Brief on Injunctive Relief

236 Plaintiffs Trial Brief on Section 504

Prior post here.

Indian Students’ Claims against BIE School at Havasupai Survive Motion to Dismiss

Here are the materials in Stephen C. v. Bureau of Indian Education (D. Ariz.):

69 BIE Motion to Dismiss

76 Response

78 Havasupai Tribe Amicus Brief

82 Society of Indian Psychologists Amicus Brief

92 BIE Reply

100 DCT Order

Complaint here.

Friday Job Announcements

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

Southern Ute Indian Tribe

Legal Department Director, Ignacio, C.O. Will lead a well-established staff of three Tribal Attorneys, a Deputy Director, and a Legal Assistant. Position closes at 5:00 pm Mountain Standard Time on 12/18/2017.

Native American Program of Legal Aid Services of Oregon (NAPOLS)

Tribal Domestic Violence/Sexual Assault Program Specialist, limited-duration, Portland, O.R. Will work with the Burns Paiute Tribe to strengthen the Tribe’s response to DV, SA, dating violence, and stalking.

Havasupai Tribe

Chief Judge, Supai, A.Z. Presides over a broad range of civil and criminal cases for the Havasupai Tribal Court.

Sac & Fox Tribe of the Mississippi in Iowa

Associate Judge, Tama, I.A. Responsible for fairly and impartially hearing and deciding judicial cases and matters at the Trial Court level within the jurisdiction of the Sac and Fox Tribal Court pursuant to the Sac and Fox Tribe of the Mississippi in Iowa tribal laws, codes, rules and regulations.

Morongo Band of Mission Indians

Tribal Attorney, Banning, C.A. Represents the interests of the Morongo Tribe, Morongo Tribal Government, Morongo Tribal Administration, and Morongo Tribal programs, including but not limited to direct representation in tribal and state court of Morongo Tribal government / programmatic interests as directed by the In House General Counsel.

Sitka Tribe of Alaska

Family Law Attorney, Sitka, A.K. Provides holistic legal representation to Native American victims of domestic violence and sexual assault – Salary DOE –  Full-time benefitted. Grant-funded position that will begin in January 2018 and continue for approximately three years. Applicants should submit a cover letter, resume, and writing sample to naomi.palosaari@sitkatribe-nsn.gov or by mail to Sitka Tribe of Alaska, 456 Katlian St., Sitka, AK 99835. Electronic applications preferred. First review November 27th, 2017.

Ho-Chunk Nation

Tribal Attorney, Black River Falls, W.I. Performs a wide variety of legal work representing the Nation as a government, its departments, boards, and commissions. The Tribal Attorney will prepare pleadings for hearings and other legal proceedings, perform legal research, provide court representation; and other duties as assigned. Applicants may visit the Ho-Chunk nation website to apply.

Kilpatrick Townsend & Stockton LLP

Associate, Native American Affairs Group, Washington, D.C. Seeking to hire an associate with 1-3 years of experience and a background or interest in Indian law and litigation.

Department of the Interior

Supervisory-Attorney Adviser, Federal and Indian Royalties Section, Office of the Solicitor, Lakewood, C.O. Oversees the provision of legal services to the offices and programs of the ONRR with particular emphasis on legal issues related to the appropriate interpretation and implementation of the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), codified as amended at 30 U.S.C. §§ 1701 et seq., and what is commonly known as the Mineral Leasing Act of 1920, codified as amended at 30 U.S.C. §§ 181 et seq.

Other jobs posted this week:

Alaska Fellow, Native American Rights Fund (11/29/2017)

Previous Friday Job Announcements: 11/17/2017

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.

Havasupai Tribe

Appellate Judge. Would preside over appeal cases for the Havasupai Court of Appeals. Interested applicants should provide a letter of interest and a current resume to Joan Davis at rjdavis@rothsteinlaw.com.

Swinomish Indian Tribal Community

Staff Attorney. Provide legal advice, document drafting and collaboration with a wide range of Tribal policy committees, departments and entities, with work that may include contract preparation, drafting ordinances and policies, treaty hunting and fishing rights and management, environmental protection and habitat restoration, Indian gaming, housing and utilities, health care and/or social welfare programs, employment benefits or taxation.

Qualified applicants must be licensed, or have the ability to become licensed, to practice in Washington. We are seeking an energetic attorney with excellent written, oral, research and analytical skills, strong interpersonal communication and negotiation skills, and an ability to work hard and thrive in an interdisciplinary and cross-cultural environment; bring flexibility to a fast-paced and dynamic work setting; enjoy and excel at creative problem solving; have demonstrated a commitment to working with Native or other minority communities and/or restorative justice; and a commitment to reside on or near the Swinomish Reservation.

Qualified applicants must have experience or demonstrated expertise in one or more of the following: drafting and negotiating contracts; drafting statutes, policies and procedures; litigation, preferably in Federal Court; representing public or private entities; gaming regulation or operations; and Indian law, including protection of treaty rights, as well as expertise in several of the substantive fields of law listed above. Compensation DOE.

For application and complete job description please provide your contact information to Wendy Otto, 11404 Moorage Way, LaConner, WA 98257; (fax) 3601466-5309; email wotto@swinomish.nsn.us Applications will be accepted until suitable candidate is found. Applicants must pass a background check and a drug test.

Karuk Tribe

Assistant General Counsel, Yreka, CA.  will work to provide legal services, representation, and advice on legal, legislative, and governance issues confronting the tribal government, its entities, and enterprises. Applications available at all Tribal Offices or on the Internet at http://www.karuk.us.

Ak-Chin Indian Community

Assistant Prosecutor. Previously posted here. Now open until filled.

Southcentral Foundation

General Counsel, Business and Intergovernmental Affairs, Anchorage, AK. provides legal advice and assistance on a variety of matters including: tribal self-governance and ISDEAA; tribal relations; business affairs; business transactions; and intergovernmental relations. This position will also assist the General Counsel, Health Care and Corporate Governance, as necessary or required. Salary DOE with excellent benefits including an employer matched 401K plan, generous paid leave 3.6 – 6.5 weeks per year, 12 paid holidays, employee medical, dental, vision, hearing and more.

Applicants must be an actively licensed member of the Alaska Bar in good standing with at least 5 years of related experience. Imagine working for an entire people, instead of a business. Southcentral Foundation can give you that job satisfaction.  Come join our innovative, award winning healthcare organization expanding the frontier of healthcare.

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.

Wisconsin Judicare Inc.

Staff Attorney, Wasau, WI. Wisconsin Judicare’s Indian Law Office has an opening beginning February 1st for an attorney to represent Native American individuals and groups on a variety of issues including criminal defense representation in tribal courts and Indian law litigation in tribal and state courts.

Sault Ste. Marie Tribe of Chippewa Indians

Tribal Attorney-Assistant Prosecutor. Responsible for prosecuting criminal, juvenile, landlord-tenant, and Indian child welfare cases in state court. The Tribal Attorney – Assistant Prosecutor is also responsible for assisting and providing back-up coverage for the Tribal Attorney – ACFS on Indian Child Welfare matters in the state courts.

Havasupai Tribe

In-house General Counsel. The Havasupai Tribe, located in the Grand Canyon region of Arizona, is seeking a full-time in-house general counsel set up a tribal office in either Phoenix or Flagstaff.  The job requires frequent trips to Supai, Arizona.  All applicants must have at least 3 years experience working for tribal governments in areas other than gaming.  Applicants should submit a letter of interest, a relevant writing sample and resume to:  office@mvicklaw.com

Choctaw Nation

Executive Director of Legal & Compliance. Will report to the Senior Executive Officer of the Legal and Compliance Division. Responsible for the management of the CNO In-House Legal Department in its entirety. This position will coordinate with the Senior Executive Officer and outside counsel on all legal matters, will manage internal case management, and the delegation of assignments to In-House Associate Counsel and personnel.

Eastern Shoshone Tribe

Attorney General. Responsible for providing legal advice and counsel to the Eastern Shoshone Tribal government, its departments and enterprises; and represents the Eastern Shoshone Tribe in all matters at issue before federal, state and tribal courts. The Attorney General serves as the Director for the Office of Attorney General.

US and Industry Defeat Challenge to Uranium Mining at Grand Canyon Mine

Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):

140-1 Plaintiffs Motion for Summary J

146-1 US Motion for Summary J

147-1 Intervenors Motion for Summary J

151 Plaintiffs Reply

155 US Reply

156 Intervenors Reply

166 DCT Order

An excerpt:

This case arises out of the proposed renewal of operations at the Canyon Mine in Northern Arizona. The Canyon Mine is a breccia pipe uranium mine located six miles south of Grand Canyon National Park, in the Kaibab National Forest, and four miles north of Red Butte, a culturally and religiously significant site for the Havasupai and other tribes.

Federal Court Refuses to Dismiss Grand Canyon Trust v. Williams — Uranium Mining Dispute

Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):

71 Federal Motion to Dismiss

120 Havasupai Response

123 Federal Reply

126 Grand Canyon Trust Response

131 DCT Order Denying Motion to Dismiss

Earlier post on this matter here.

Federal Court Refuses to Enjoin US Forest Service Decision to Reopen Canyon Uranium Mine

Here are the materials in Grand Canyon Trust v. Williams (D. Ariz.):

DCT Order Denying Motion to Dismiss

Plaintiffs’ Motion for PI

USFS Response

Plaintiffs’ Reply

Ninth Circuit Rejects Havasupai/Kaibab Paiute Challenge to Uranium Mine

Here is the opinion in Center for Biological Diversity v. Salazar. From the court’s summary:

The panel affirmed the district court’s judgment in favor of the Secretary of the Interior and the U.S. Bureau of Land Management in an action challenging the decision to allow Denison Mines Corp. to restart mining operations at the Arizona 1 Mine. As a threshold issue, the panel held that a decision made by a prior panel of this court affirming the district court’s denial of appellants’ preliminary injunction motion did not  become law of the case as to any issue. The panel held that the Bureau of Land Management did not violate the National Environmental Policy Act, the Federal Land Policy and Management Act, and BLM’s own regulations, by permitting Denison Mines to restart mining operations under a plan of operations that BLM approved in 1988. The panel also held that BLM’s update of the Arizona 1 Mine reclamation bond should not be set aside. Finally, the panel held that BLM’s application of the categorical exclusion for issuance of the  Robinson Wash gravel permit was not arbitrary and capricious or otherwise not in accordance with law.

Briefs and materials here.