Turtle Talk Poll — The Enduring Legacy/Aftermath of Santa Clara Pueblo v. Martinez

Santa Clara Pueblo v. Martinez is patently one of the two or three most important and perhaps controversial Supreme Court decisions affecting Indian nations and Indian people. In light of Steve Russell’s four part ICT series, we wonder what Turtle Talk readers think about Martinez.

As we think of them, we may add a question or two.

Update – here’s one!


Posted in Author: Matthew L.M. Fletcher | Tagged , , , , | Leave a comment

EPA Releases Internal Report on Gold King Mine Accident

EPA internal report here.

[T]he Team concludes that the Adit blowout was likely inevitable. Actions taken by the EPA OSC to pull out the site personnel and crew from and near the Adit, just prior to the blowout, probably avoided any fatalities from the pressurized Adit blowout.

Although the removal investigation team was quite experienced and followed standard procedures of a well thought out work plan that included state and ARSG involvement, the underestimation of the water pressure in the Gold King Mine workings is believed to be the most significant factor relating to the blowout.

The Senate Committee on Indian Affairs will hold a hearing about the incident on Wednesday, September 16, 2015.  Chairman Barasso’s (R-Wy) announcement here.

Posted in Author: Sarah Donnelly | Tagged , | Leave a comment

Washington Supreme Court Affirms Constitutionality under State Law of Tribal-State Tax Agreements

Here is the opinion in AUTO v. State of Washington:


Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , | 1 Comment

Earthjustice’s Northern Rockies Office Seeks Associate Attorney and Summer Law Clerks

Earthjustice’s Northern Rockies Office Seeks Associate Attorney and Summer Law Clerks

Earthjustice’s Northern Rockies Office in Bozeman, Montana, is currently accepting applications for an associate attorney to begin no later than Fall 2016, and law clerks for Summer 2016.

Earthjustice is the nation’s premier nonprofit environmental law organization, with eleven regional offices across the country.  In the Northern Rockies, we are engaged in litigation focused on protecting and preserving the iconic wildlife species and wild lands of this incomparable region and combating coal mining, coal-fired power, and natural gas development that threatens public health and drives climate change.  In recent years, our work has increasingly touched on Native American interests and issues of Indian law, including work to restore wild bison to tribal lands; to oppose oil and gas exploration on public national forest lands of extreme cultural and spiritual importance to the Blackfeet people; and to halt a state proposal to open a massive new coal mine on lands significant to the Northern Cheyenne in southeast Montana.  We regularly litigate federal and state court cases in an effort to defeat the major threats to the ecological integrity of the Northern Rockies region.

More information about our work is available here.

Information about the associate attorney and summer law clerk positions and application requirements is available here.

Posted in Author: Matthew L.M. Fletcher, jobs | Tagged , | Leave a comment

Civil Rights Suit against Nisqually Jail Officials Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Hardie v. Nisqually Corrections Superintendent (W.D. Wash.):

18 Nisqually Motion to Dismiss

22 Magistrate R&R

25 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , , | Leave a comment

Montana Legal Services Association Litigation Director and Indian Law Staff Attorney Posting


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Eleventh Circuit Briefs in Longo v. Seminole Indian Casino-Immolakee (Title VII Claim)


Longo Brief

Seminole Brief

Reply TK

Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, federal recognition, Research, sovereign immunity | Tagged , , , , | Leave a comment

Individual Native Hawaiian Complaint against Hawaii re: Telescope Plans on Mauna Kea

Here is the complaint in Amsterdam v. State of Hawai’i (D. Haw.):

1 Complaint

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , | Leave a comment

Jobs: NIGC Management Specialist in D.C.

National Indian Gaming Commission

Job Title: Records and Information Management Specialist
Job Announcement Number:  NIGC-8000-15-KH-006(EX)
Salary Range: $76,378.00 to $99,296.00 / Per Year
Open Period:  Wednesday, August 26, 2015 to Wednesday, September 2, 2015


The major duties of this position include, but are not limited to the following:

  • Assists and provides comments and recommendations on  agency-wide records management policy in order to help develop, establish, manage, and maintain an active and continuing records management program at the agency
  • Assists in the development of long-range strategic goals and resource projections for the records and information management program
  • Recognizes records management needs for the design or modification of all electronic information and/or electronic recordkeeping systems, which will ensure that records and necessary technical and programmatic information about records (metadata) are created, linked to disposition authorities, maintained in a useable format as long as required by the agency, and protected by security and user access controls.
  • Monitors the review of all existing records management operations, procedures and processes in effect at all levels of the agency in order to make recommendations for a more effective records management processes
  • Communicates within the agency and government-wide, assists with training, and evaluates, and assists members of the records management structure in the accomplishment of agency objectives.

How to Apply

Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement. To apply on-line, you must complete and submit an application by accessing the USAJOBS website at www.usajobs.gov. To begin, click the Apply Online button near the bottom of this screen and follow the prompts to register into your USAJOBS account, answer the questions, and submit all required documents. To return to your saved application, log in to your USAJOBS account at www.usajobs.gov and click on “Application Status.” Click on the position title, and then select Apply Online to continue.  For details, go to this link:  https://www.usajobs.gov/GetJob/ViewDetails/413871400

Posted in Author: Sarah Donnelly, jobs | Tagged , , | Leave a comment

NITA Annual Conference Announcement

National Intertribal Tax Alliance 17th Annual Tax Conference 2015 to Include Litigation Updates from Glen A. Stankee, Counsel of Record for the Seminole Tribe v. State of Florida Case on Rental and Utility Tax 

Today, August 26, 2015, the Eleventh Circuit Court of Appeals ruled that Florida’s Rental Tax is preempted by Federal Indian law, but not Utility Tax. Seminole Tribe of Florida v. Stranburg (State of Florida). Full decision can be found on Turtle Talk: https://turtletalk.wordpress.com/…/eleventh-circuit-holds-…/

Glen A. Stankee, Counsel of Record in this Seminole litigation (Akerman LLP), will be providing litigation updates on this case as well as other tribal taxation cases for 2015 at the National Intertribal Tax Alliance (NITA) 17th Annual Conference scheduled this year at the Seneca Niagara Resort & Casino, Niagara Falls, NY – September 16-17, 2015.

NITA’s Conference Brochure is available on the website and contains information the conference agenda and registration information.  For more information on NITA’s tax conference visit:  http://www.intertribaltaxalliance.org  or email Marilyn White, NITA Conference Coordinator.  mwhite@intertribaltaxalliance.org

Posted in Author: Sarah Donnelly | Tagged , | Leave a comment