The final documents are here
Consent Decree [sans appendices]
Sixth Circuit Opinion — Denial of Motion to Intervene by Amici
Little River Band
Little Traverse Bay Bands et al. v. Great Spring Waters & Engler
In 2002, the three Michigan Ottawa tribes sued Great Spring Waters & Governor Engler over the State’s granting of rights to take millions of gallons of water from mid-Michigan’s water table — a sweetheart deal if there ever was one. The tribes sued under the Water Resources Development Act of 1986, but there was no cause of action and the district court dismissed the action. The tribes did not appeal.
Here is the motion to dismiss: Motion to Dismiss
Here is the Tribes’ response, plus an exhibit: Response Brief + Exhibits
Here is the reply brief: Reply Brief
Here is the order dismissing the case: Opinion
The tribes chose not to bring claims based on the treaty rights they had established in United States v. Michigan. At some point, we expect tribes to bring treaty claims in the environmental protection context — see our MSU Law Review paper.
There has been a fair amount of scholarly commentary on the case, such as this student note in the Columbia Law Review and this paper in the Vermont Journal of Environmental Law.
The Keno Case
In State of Michigan v. Little River Band of Ottawa Indians et al., the State is suing LRB and LTBB for violation of the gaming compacts requirement that the tribes share revenue from their gaming operations — LTBB Compact & LRB Compact. The tribes stopped payment when Governor Granholm authorized the state to begin keno at bars and restaurants. Senior District Court Judge Miles granted the State’s motion for summary judgment last April. The appeal to the Sixth Circuit is forthcoming. As those briefs go online, we will upload them here.
Judge Miles’ opinion is here: Opinion and Order
The State’s motion for summary judgment is here: Motion for Summary J
The tribes’ response brief is here: Tribes’ Brief
The State’s reply brief is here: Reply Brief
Mich. Supreme Court Justice Cavanagh Talk: Michigan Indian Judicial Association
Justice Michael Cavanagh, the Michigan Supreme Court’s liaison with Michigan’s tribal courts, is speaking before the members of the Michigan Indian Judicial Association this morning.
Justice Cavanagh, along with Tribal Judge Michael Petoskey, spearheaded the Court’s adoption of Michigan Court Rule 2.615, extending comity to tribal court judgments.
Justice Cavanagh wrote about the origins of the rule in an article published in the University of Detroit Law Review. Download Justice Cavanagh’s Article.
Tribal courts from numerous tribes appeared at this talk today at the MSU College of Law: Nottawaseppi Huron Band of Potawatomi Indians, Pokagon Band of Potawatomi Indians, Little Traverse Bay Bands of Odawa Indians, Little River Band of Ottawa Indians, Bay Mills Indian Community, Keweenaw Bay Indian Community, Saginaw Chippewa Indian Tribe.
Justice Michael F. Cavanagh
Justice Cavanagh received a bachelor’s degree from the University of Detroit in 1962 and his law degree from the University of Detroit Law School in 1966. He began his career as a law clerk for the Michigan Court of Appeals. In 1967, Justice Cavanagh was hired as an assistant city attorney for the City of Lansing and thereafter was appointed as Lansing City Attorney, serving until 1969. He then became a partner in the Lansing law firm of Farhat, Burns and Story, P.C. In 1971, he was elected judge of the 54-A District Court. Justice Cavanagh was then elected to the Michigan Court of Appeals, where he served from 1975-1982. At that time, he was the youngest person ever elected to the Michigan Court of Appeals. Justice Cavanagh was elected to the state Supreme Court in 1982 and was re-elected in 1990, 1998, and 2006. He served as Chief Justice from 1991-95. Justice Cavanagh’s current term expires January 1, 2015.
The son of a factory worker and a teacher who moved to Detroit from Canada, Justice Cavanagh worked on Great Lakes freighters during the summers to help pay his tuition at the University of Detroit. During his years in law school, he was employed as an insurance claims adjuster and also worked for the Wayne County Friend of the Court as an investigator.
Justice Cavanagh has participated in numerous community and professional activities, including Chairman of the Board of the American Heart Association, Past President of the Incorporated Society of Irish/American Lawyers, Board of Directors of the Thomas M. Cooley Law School, and the Commission on the Future of the University of Detroit Mercy . He is a Member of the Institute of Judicial Administration, New York University Law School. He has served as Vice President of the Conference of Chief Justices, Chair of the National Interbranch Conference of Funding the State Courts, and member of the National Center for State Courts Court Improvement Program. Other appointments include the Michigan Justice Project, Chairman of the Judicial Planning Committee, Michigan Crime Commission, Judicial Coordinating Committee, and Chair of the Sentencing Guidelines Committee. Justice Cavanagh is the Supervising Justice of the Michigan Judicial Institute. Justice Cavanagh was instrumental in the planning, design, construction and eventual completion of the Michigan Hall of Justice. He has served as Supreme Court Liaison, Michigan Indian Tribal Courts/Michigan State Courts since 1990, and has attended many national Indian Law conferences and participated in Federal Bar Association Tribal Court symposiums.
Justice Cavanagh and his wife, Patricia, are the parents of three children, and have two grandsons. The Cavanagh family resides in East Lansing .
Detroit News: “Manisteepee?”
From the Detroit News:
“In this tranquil beach community, the gentle lapping waves of Lake Michigan have brought ashore a brutish dispute.
Sports fishermen and charter boat operators are fighting a local American Indian tribe over its use of fishing nets in one of the top salmon spots in the nation.
The issue has led to vandalism, boycotts and charges of favoritism and racism. Some boaters refer to the town as Manisteepee.
‘It’s racial,” said Matt Stone, 28, an American Indian netter who has been called racist names. “I know it. I feel it. I see it. I hear it.'”
Jacque Leblanc hauls in chubs near Manistee. Fishermen and boat operations are at odds with a local Indian tribe over use of nets. (John L. Russell / Special to The Detroit News)
Second DNR Explanatory Meeting
From the Ludington Daily News: “Chris Dobyns of the Michigan Attorney General’s office explained that several legal precedents were in the tribes’ favor heading into the negotiation on inland rights. The Canons of Construction, which are long-standing legal guidelines, explain that any ambiguous language in a treaty like “until the land is needed for settlement,” should be construed liberally in favor of tribes. Court rulings against the state of Minnesota and Wisconsin have reinforced this.”
More from the Ludington Daily News: “What will most residents notice once the new tribal consent decree kicks in? Nothing different, according to Little River Band Natural Resources Commission Chair Jimmie Mitchell, who spoke to the Daily News shortly after the agreement was announced.”
H.R. 2837: Indian Tribal Federal Recognition Administrative Procedures Act
Here’s the full text of the bill.
And here’s the link to the testimony in the House Resources Committee on October 3, 2007.
Jim Keedy of Michigan Indian Legal Services testified. As Jim notes in his testimony, MILS has assisted numerous Michigan tribes in their federal recognition efforts, including Pokagon Band, Little Traverse, Little River, Lac Vieux Desert — and Grand Traverse Band, the first tribe recognized under the Federal Acknowledgment Process, 25 C.F.R. Part 83 (then Part 54). MILS is now representing the Grand River Band of Ottawa Indians in their attempt to become federally recognized. Their petition is complete, but as Jim Keedy testified, it will be 15-20 years before the Bureau of Acknowledgment and Research will place their file on active review.
Turtle Talk 