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
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
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
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
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
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.
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
Filed under Uncategorized
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
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
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
Filed under Author: Matthew L.M. Fletcher, Environmental, News, treaty rights
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians