Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:
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?
Seventh Circuit materials here.
Iron County is going to postpone its prosecution of treaty rights campers, article here. An excerpt:
People at the Lac Courte Orielles harvest camp in northern Wisconsin will not face eviction any time soon as Iron County Board members decided Tuesday night to postpone any directives to its district attorney to seek civil and criminal charges.
The board referred the matter to the county forestry committee, the group that originally approved a year-long stay for the camp. It next meets Aug. 13.
The Lac Courte Orielles Band of Lake Superior Chippewa camp of two dozen wigwams sits near the area where Gogebic Taconite is exploring a proposed mine site. Clashes in the past few months with mining officials and those opposed to the practice have elevated the public knowledge of the camp. The band is using the camp to highlight the natural resources it says are at risk due to the proposed mining.