Updated Materials in Suit over N. Arapaho from Wind River Joint Business Council

Here are the new materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

17-1 NAT Motion for PI

26 Shoshone Business Council Motion to Dismiss

28 Tribal Court Parties Motion to Intervene

40 Shoshone Business Council Response to 17

44 DOI Response to 28

45 Shoshone Business Council Response to 28

49 NAT Reply in Support of 17

50 DCT Order Denying Motion to Intervene

51 NAT Response to 26

Complaint here.

Possible Hate Crime Motive in Fatal Wyoming Shooting

In late July, two Northern Arapaho men were shot while inside an alcohol and drug detox facility in Riverton, Wyoming. The FBI has started an investigation into a possible hate crime motive for the fatal shooting. Wyoming is one of only five states not to have a hate crime charge.

Full story here.

Shoshone & Arapahoe Tribal Court performs first same-sex marriage.

Here.

Northern Arapaho Tribe Response to Wind River Reservation Termination Bill

Here:

BUSINESS COUNCIL LETTER

NEWS RELEASE

TRIBAL ATTORNEY LETTER

N. Arapaho Tribe Fights Draft Federal Legislation to Terminate the Wind River Reservation

Here is the press release:

NEWS RELEASE

NPR Story on Distance between Wind River Reservation and Federal Courthouse

Here is the article “With Courts Far From Reservations, Justice Can Be Hard To Find, Too.”

NPR Morning Edition Coverage of Wind River Reservation and EPA Decision

Here.

Tenth Circuit Affirms MCA Conviction over Indian Status Defense

Here is the opinion in United States v. Nowlin.

Briefs later today after the dentist. Briefs here:

Nowlin Brief

US Brief

Ninth Circuit Affirms “Public Road” Decision of Interior re: BIA/Wind River Reservation Road

Here are the materials in Pine Bar Ranch LLC v. Interior Board of Indian Appeals:

CA9 unpublished opinion

Pine Bar Opening Brief

Interior Answer Brief

Pine Bar Reply

Lower court opinion here.

All Things Considered Story on Waste Water Streams at Wind River

Here, via ILTF/@indianland

The responses to NPR’s two Freedom of Information Act requests include emails between staffers, correspondence with the companies, results of water-quality tests, the permits, and documents justifying each permit. Most of this information had not been public before.

The documents show hints of mutiny inside the EPA. Some EPA staffers clearly are appalled by the wastewater releases.

One wrote in an email to colleagues: “Can we get together and discuss a strategic approach for sending our message of concern? I have attached pictures of this ridiculousness.”

Another staffer warns that the chemicals in the water could have “irrevocable human health and environmental impacts.”

The documents also show recent detective work that some EPA staffers did to try to figure out what chemicals companies are putting in the water. Their research reveals that some of the waste streams sometimes include chemicals from hydraulic fracturing, an engineering technique designed to increase the flow of wells. They also include chemicals whose warning labels clearly state “toxic to aquatic organisms,” “prevent material from entering sewers or waterways,” and warnings about cancer and birth defects at low levels.

The documents suggest that at least some people inside the EPA are advocating for stricter rules. But much of this debate has been kept secret. The EPA refused to give NPR 757 documents about the loophole, claiming they can be kept secret because they are between the EPA and its attorneys or among EPA staffers.