Northern District of California

NYTs Article on Native Village of Kevalina vs. Exxon Suit

Matthew L.M. Fletcher

From the NYTs:

SAN FRANCISCO — Lawyers for the Alaska Native coastal village of Kivalina, which is being forced to relocate because of flooding caused by the changing Arctic climate, filed suit in federal court here Tuesday arguing that 5 oil companies, 14 electric utilities and the country’s largest coal company were responsible for the village’s woes.

The suit is the latest effort to hold companies like BP America, Chevron, Peabody Energy, Duke Energy and the Southern Company responsible for the impact of global warming because they emit millions of tons of greenhouse gases, or, in the case of Peabody, mine and market carbon-laden coal that is burned by others. It accused the companies of creating a public nuisance.

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Native Village of Kivalina v. Exxon Complaint

Matthew L.M. Fletcher2 Comments

The Native Village of Kivalina sued Exxon and a host of others over global warming, alleging that their village will be destroyed by rising ocean waters.

Here is the complaint.

U.S. v. Hunter et al. — IGRA Criminal Case — Coyote Valley

Matthew L.M. Fletcher1 Comment

United States v. Hunter, No. 06-565 (N.D. Cal.), is an unusual case. In 2001, it appears that the National Indian Gaming Commission investigated the improper expenditure of Indian gaming revenues by tribal council members at Coyote Valley Band of Pomo Indians. They reached a settlement and consent decree (attached as Exh. A to Deft. Crabtree’s Motion to Dismiss below).

In short, tribal council members allegedly continued their bad behavior — using gaming revenues to buy first class plane tickets, donate to political causes, and other uses. The US then brought a criminal case, alleging violation of IGRA (as a criminal matter) when these council members (Hunter et al.) spent gaming revenues on political causes and first class tickets.

What?!?!

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Alvarado v. Table Mountain Rancheria (9th Cir.) Materials

Matthew L.M. Fletcher

Yesterday, the Ninth Circuit affirmed the dismissal of claims by a class represented by Pearl Alvarado that they are entitled to membership in the Table Mountain Rancheria. The Ninth Circuit did not address the tribe’s claim of sovereign immunity, but instead ruled that the plaintiffs failed to establish subject matter jurisdiction.

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