Western District of Michigan – Page 11

A private club in the Upper Peninsula has filed a federal lawsuit suit to stop the construction of a new mine in Marquette County. The nickel and copper mine, owned by Kennecott Eagle Minerals, has received permits from the state. But the Huron Mountain Club says the U.S. Army Corps needs to review the project to make sure it doesn’t violate the Clean Water Act.

The club owns nearly 20,000 acres of forest downstream from the mine on the Salmon Trout River. The lawsuit says sulfuric acid produced by sulfide mining could pollute the river. And the club is “horror-struck” by the prospect of the watershed collapsing because part of the mine will be dug directly underneath it. The lawsuit also says the federal government needs to consider the potential for damage to Eagle Rock, a site near the entrance to the mine that is sacred to American Indians.

Kennecott says the mine has been extensively reviewed and survived multiple legal challenges going back to 2006. Eagle Mine has been under construction since 2010 and the company says it is 75 percent built.

Bay Mills Indian Community, Council Members, and Gaming Commission Motions to Dismiss Amended State/LTBB Complaints

December 14, 2011December 13, 2011Matthew L.M. Fletcher

Here are those materials:

BMIC Motion to Dismiss

BMIC Council Motion to Dismiss

BMIC Gaming Commission Motion to Dismiss

BMIC Motion to Dismiss LTBB Amended Complaint

Here is the State’s amended complaint.

Meanwhile, a Sixth Circuit panel is currently considering BMIC’s motion to strike its opponents briefs:

Referral of Motion to Strike

Western District of Michigan U.S. Attorney’s Office to Hire Indian Country Violent Crimes Attorney

November 10, 2011Matthew L.M. Fletcher

Interested persons can contact AUSA Jeff Davis. Contact me if you want his email address for more details.

State of Michigan Amends Complaint against Bay Mills to Add Tribal Elected Officials and Gaming Commissioners

August 1, 2011Matthew L.M. Fletcher6 Comments

Here are the materials:

2011-07-15 Amended Complaint

2011-07-15 Brief in Support ofMnt to Amend Complaint, Join Parties

response of bmic on motion to amend complaint

Update in People of Mich. v. Jensen — 2007 Consent Decree Motions re Exclusive Tribal Court Jurisdiction

April 26, 2011Matthew L.M. Fletcher

Here is the State’s response to the Sault Tribe’s motion to enjoin the state prosecution of its members for treaty fishing violations:

State’s Response 4-25-2011

And an amicus brief supporting the state prosecution:

Bay de Noc Sports Fishermen Amicus Brief

Federal Court Filings to Stop State Prosecution of Sault Tribe Members for Treaty Fishing Violations

April 15, 2011Matthew L.M. Fletcher1 Comment

As usual, Friday is the most exciting time of the week for Indian law events.

Here are the materials in the most recent proceedings in United States v. Michigan, an effort to enjoin State v. Jensen in Delta County court (John Petoskey doing the heavy lifting in state court for Jensen and Bruce Greene in federal court for the Sault Tribe):

Doc. No. 1819 (Motion for Relief)

Doc. No. 1820 Memo in Support of Motion for Relief

Doc. No. 1820-1 (Exh A-E)

Doc. No. 1820-2 (Exh F-H)

Doc. No. 1820-3 (Certif of Compliance with 2000 Consent Decree

Doc. No. 1821 (Motion to Expedite)