Havasupai Tribe

Friday Job Announcements

Sarah M Donnelly

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher2 Comments

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

Matthew L.M. Fletcher1 Comment

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

Matthew L.M. Fletcher2 Comments

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.

Materials in Ninth Circuit Challenge to Uranium Mine Permit by Havasupai Nation

Matthew L.M. Fletcher2 Comments

Here are the Ninth Circuit briefs in Center for Biological Diversity v. Salazar (Arizona 1 Mine):

CBD Opening Brief

Denison Mines Answer Brief

Federal Answer Brief

Oral argument audio here.

Lower court materials here.

Materials in prior appeal here.

Ninth Circuit Affirms Denial of Preliminary Injunction in Uranium Mining Case Involving Kaibab Paiute and Havasupai Tribes

Matthew L.M. Fletcher1 Comment

Here is the court’s unpublished order in Center for Biological Diversity v. Salazar.

The briefs:

Center for Biologicial Diversity et al Opening Brief

Answering Brief of Federal Appellees

Denison Mines Answer Brief

Center for Biologicial Diversity et al Reply Brief

Rebecca Tsosie on Native American Genetic Resources

Matthew L.M. Fletcher

Rebecca Tsosie (Arizona State) has published “Cultural Challenges to Biotechnology: Native American Genetic Resources and the Concept of Cultural Harm” in the Journal of Law, Medicine & Ethics (2007).

You can download the article here:  Tsosie Article