Megan Horning has published “Border Town Bullies: The Bad Auto Deal and Subprime
Lending Problem Among Navajo Nation Car Buyers” in the National Lawyers Guild Review:
Navajo Nation
Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining
Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):
114 Plaintiff Motion for Summary J
An excerpt:
Plaintiff El Paso Natural Gas Company brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against Defendants United States of America, United States Department of the Interior, United States Bureau of Indian Affairs, United States Geological Survey, United States Department of Energy, and United States Nuclear Regulatory Commission (collectively, “United States”). Doc. 55. Plaintiff has filed a motion for partial summary judgment. Doc. 114. The motion is fully briefed (Docs. 114, 119, 123), and the Court heard oral argument on June 1, 2017. For reasons that follow, the Court rejects the United States’ sovereign immunity defense and will require additional briefing on the question of its CERCLA owner liability.
Tenth Circuit Holds State Utility May Not Condemn Tribal Land
Here is the opinion in Public Service Company of New Mexico v. Barboan:
Opinion Public Servic Company of New Mexico v. Barboan
Briefs here.
Link to previous posts: Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County
NYTs Profile of Energy Tribes and Trump Administration
Federal Court Orders Exhaustion in Claims involving Interpretation of Navajo Insurance Law
Here are the materials in Progressive Advanced Insurance Company v. Worker (D. Ariz.):
An excerpt:
The Court determines that the tribal courts of the Navajo Nation have a colorable or plausible claim to jurisdiction over this matter. See Elliott, 566 F.3d at 848. Like the insurer in Stump, Progressive issued an insurance policy that listed a tribal member as a named insured and covered vehicles that were kept on tribal lands. Unlike the insurer in Stump, however, Progressive never mailed anything to an address on tribal lands. To the extent that factor is dispositive, it may be that the tribal court lacks jurisdiction. But this is a question that must be answered first by the tribal courts of the Navajo Nation. See LaPlante, 480 U.S. at 16 (explaining that the tribal court should have “‘the first opportunity to evaluate the factual and legal bases for the challenge’ to its jurisdiction”). An analysis of the Todecheene decision does not change this conclusion. In that case, the Ninth Circuit ultimately determined that it was not clear that the tribal courts plainly lacked jurisdiction. Todecheene, 488 F.3d at 1216. This Court reaches the same conclusion 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 job posted on Turtle Talk, please email indigenous@law.msu.edu.
Navajo Nation
Public Defender, Window Rock, AZ. Open until filled.
Ute Mountain Ute Tribe
Associate General Counsel, Justice Department. Applications are due by March 3 and consist of a cover letter, resume and references. The cover letter may be an email. All interested attorneys are encouraged to apply. Applications should be submitted to Peter Ortego, General Counsel at portego@utemountain.org , or call (970) 749 9816 with any questions.
Sitka Tribe of Alaska
Tribal Realty Officer/Tribal Court Specialist. Responsible for providing direct services to restricted property land owners and native allotment applicants within the Sheet’ka Kwaan under supervision of the Tribal Attorney. The Tribal Court Specialist responsibilities of this position requires providing support to the Tribal Court, working closely with the Tribal Court Judges, Tribal Attorney and Social Services department.
Confederated Tribes of Chehalis Reservation
ICWA Attorney for contract, Oakville, Wa. Contractor will advise and represent CTSS in Chehalis Tribal Court as well as other Tribal and State courts in all ICWA, dependency and vulnerable adult cases. Must have Juris Doctorate and five years directly related experience with a preference to American Indian/ Alaska Native communities. Must be an active member of the Washington State Bar Association and eligible for immediate admission to Tribal Court. Valid WA State license and insurability through our insurances, pass background check and pass pre-employment drug testing. Submit letter of interest and resume to: gfrancis@chehalistribe.org.
MHA Nation
Assistant Tribal Prosecutor/Special Assistant US Attorney, New Town, ND. Closing date 3/27/2017. Applications shall be in writing; to include a professional Resume, legal qualifications and any other submissions at the option of the applicant.
ACLU of Montana
Communications Strategist. Applications will be reviewed beginning the week of March 6, 2017 and will be accepted until the position is filled.
Yurok Tribe
Deputy General Counsel, Office of the Tribal Attorney. Open until filled.
Navajo Nation Hosts First Public Safety Summit in 15 Years
Navajo Tax Attorney Posting
Navajo Nation RFP: Navajo-Hopi Land Settlement Act Appeals
Here (RFP for NHLSP Appeals):
The Navajo Nation seeks outside counsel to represent it in federal appeals of benefit denials made by an independent federal commission. Respondent will also provide coordination, consultation, advice, and recommendations on related pending suits. Respondent may also provide advice, consultation and representation on Breach of Trust and/or Breach of Fiduciary Duty against this same federal commission on behalf of individual Navajos and the Navajo Nation as a whole. Most claims will relate to denials of relocation benefits due individual Navajos who were relocated pursuant to the Navajo-Hopi Land Settlement Act.
The Navajo Nation Department of Justice will be accepting proposals for this service postmarked by 5:00 PM MT on Friday, December 16, 2016. NO LATE PROPOSALS WILL BE ACCEPTED.
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.
Nez Perce Tribe
Public Defender, must be admitted to at least one state bar, be able to handle his or her own caseload, and be able to supervise a small staff, salary is $60,000/year with generous benefits and a low cost of living. Resumes and writing samples may be sent to Danielp@nezperce.org.
Deputy Public Defender, must be admitted to at least one state bar and be able to handle his or her own caseload, salary is $55,000/year with generous benefits and a low cost of living. Resumes and writing samples may be sent to Danielp@nezperce.org.
Yakama Nation
Assistant Tribal Prosecutor: Yakama Nation Human Resources will be accepting applications for the position through December 6, 2016.
Port Gamble S’Klallam Tribe
Contract Attorney, Child Support Program, Tribal Court. The time commitment will be 15-20 hours per month.
Navajo Nation Washington Office
Government and Legislative Affairs Associate, closes 11/21/2016.
Navajo Nation Office of the Prosecutor
Attorney, Full time, Pay rate $65,249.60, Open until filled – Kayenta AZ
Attorney, Full time, Pay rate $65,249.60, Open until filled – Window Rock, AZ
Prosecutor, Full time, Pay rate $44,054.40, Open Until filled – Dilkon, AZ
Prosecutor, Full time, Pay rate $44,054.40, Open Until filled – Chinle, AZ
Prosecutor, Full time, Pay rate $44,054.40, Open Until filled – Shiprock, NM
Juvenile Presenting Officer, Pay rate $40,414.40, Open until filled – Kayenta, AZ
Juvenile Presenting Officer, Pay rate $40,414.40, Open until filled – Shiprock, NM
Links: Job vacancy announcements, Navajo Nation employee application
Email applications to: apply@dpm.navajo-nsn.gov or fax to (928) 871-6976. Please CC gertrudelee@navajo-nsn.gov and jaimehigh@navajo-nsn.gov. Call 928-871-6622 for more information.
AmeriCorps VISTA
Volunteer, NativeLove and National Indigenous Women’s Resource Center are hiring for a paid AmeriCorps VISTA Volunteer for next year located at main office in Lame Deer, Montana! Great for recent college graduate. The VISTA member role is to build capacity of NIWRC by aiding in the development of educational resources for engaging local Native youth and youth organizations to create healthy dating and family strategies. Deadline is November 28th.
Turtle Talk 
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