Monthly Archives: September 2009

Second Circuit Holds that States Have Standing to Sue Polluters over Global Warming

Potentially good news for the Native Village of Kivalina plaintiffs….. From How Appealing: “States Can Sue Utilities Over Emissions”: This article appears today in The New York Times. The Associated Press reports that “Pollution lawsuit against power companies revived.” Reuters … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, Research

Spirit Lake Tribal Council approves “perpetual” use of the Fighting Sioux name for UND

From the Grand Forks Herald: Tribal Council approves ‘perpetual’ use of Fighting Sioux nickname By Tu-Uyen Tran Grand Forks Herald
Updated: 09/19/2009 12:26:18 PM CDT The Spirit Lake Tribal Council issued a new resolution Friday that gives the University of North … Continue reading

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Filed under Author: Trent S.W. Crable

LATs Article on Eagle Cases

From the LATs: On Wyoming’s Wind River Indian Reservation, Winslow Friday is preparing to surrender in his long fight with the federal government. The seeds of the conflict were planted four years ago when Friday shot a bald eagle out … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, News, treaty rights

Tonya Kowalski on Teaching “The Forgotten Sovereigns”

Tonya Kowalski has posted her paper “The Forgotten Sovereigns” on SSRN. It is forthcoming from the Florida State University Law Review. And, it is a companion piece to Samantha Moppett’s piece on Indian law in the legal writing curriculum! Here … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Scholarship

New Suit Filed in Arizona Snowbowl Dispute

Here is the complaint in Save the Peaks Coalition v. USFS (D. Ariz.) — Save the Peaks Coalition Complaint And the motion for a TRO — Motion_for_TRO From the press_release: According to Arizona Department of Environmental Quality regulations, treated sewer … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights

State’s Brief in Challenge to Michigan Gaming Control Act

Here is the State of Michigan’s Sixth Circuit brief in Northville Downs v. Governor — State of Michigan Appellee Brief The appellant’s brief is here, as are lower court materials.

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Filed under Author: Matthew L.M. Fletcher, gaming, Research

WSJ on Off-Reservation Gaming

From the WSJ: The Obama administration may make it easier for Indian tribes to build casinos on land far from their reservations, a move likely to spur a wave of new casino development. The Interior Department, which runs the Bureau … Continue reading

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Bethany Berger on Equal Protection and Federal Indian Law

Bethany Berger has posted “Reconciling Equal Protection and Federal Indian Law” on SSRN. Here is the abstract: In this essay for a festschrift in celebration of Philip Frickey and his work, I show how equal protection and federal Indian law … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Scholarship

No Federal Court Jurisdiction over Property Dispute with Poarch Band Creek

Here is the opinion in TP Johnson Holdings v. Poarch Band of Creek Indians. And the PCI motion to dismiss (apparently unopposed) — PCI Motion to Dismiss An excerpt: In this case, the amended complaint makes no reference to federal … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

News Coverage of Michigan v. EPA Case in Seventh Circuit

From the Chicago Tribune (via Traverse City): TRAVERSE CITY, Mich. - A federal appeals court has ruled in favor of a Wisconsin-based Indian tribe in a 16-year dispute with the state of Michigan over air quality standards. Michigan challenged the U.S. Environmental Protection … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, News, treaty rights