Enbridge Line 5: Michigan Public Service Commission Litigation

See below for 1) Applicant Enbridge Energy, Limited Partnership’s Limited Objections to the Notice of Intervention of the Attorney General; (2) Applicant Enbridge Energy, Limited Partnership’s Limited Objections to the Petitions to Intervene Filed by The Bay Mills Indian Community, The Grand Traverse Band Of Ottawa And Chippewa Indians, Little Traverse Bay Bands Of Odawa Indians, and Notttawaseppi Huron Band Of The Pottawatomi; (3) Applicant Enbridge Energy, Limited Partnership’s Objections to the Petitions to Intervene Filed by The Michigan Environmental Council, Tip Of The Mitt Watershed Council, The National Wildlife Federation, For Love Of Water, The Environmental Law & Policy Center, And Michigan Climate Action Network and Certificate of Service.

A pre-hearing was scheduled Wednesday August 12, 2020 at 1:00PM. Petitions to intervene from Bay Mills Indian Community, Grand Traverse Band, Little Traverse Bay Bands, and Nottawaseppi Huron Band below. In addition, the Attorney General is now intervening in the proceedings and Enbridge has asked for a rehearing which is also below.

Other Line 5 posts here.

New Fletcher Paper: “The Rise and Fall of the Ogemakaan”

Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:

Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.

Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.

Today is 25th Anniversary of Pokagon Band Potawatomi, Little Traverse Odawa, and Little River Ottawa Federal Acknowledgment Statutes

public-law-103-323.pdf [Pokagon Band Restoration Act]

public-law-103-324-2.pdf [LTBB/LRB Reaffirmation Act]

1993-house-committee-hearing.pdf

1994-senate-committee-hearing.pdf

h.-rep.-103-620.pdf

h.-rep.-103-621.pdf

Congratulations to Eric Hemenway, Winner of Michigan Humanities Award

Here

Humanities Champion of the Year: This award is given to the person whose contributions result in outstanding public humanities impact in their community and in our state. An example would be humanities person (teacher, librarian, cultural leader) who has creatively and successfully brought humanities to the public forum. Faculty and scholars who have taken humanities to the public beyond their classroom, or brought the public into their classroom. 2019 Award Winner: Tie: Charles Ferrell, of the Charles H. Wright Museum of African American History and Eric Hemenway, of the Little Traverse Bay Bands of Odawa Indians.

LTBB Judge Profiled in New Book on Judging

Here is “Judges discover strength in pivotal decisions” from the National Catholic Reporter.

The article reviews the new book, “Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made.”