Bismarck Tribune Article on Lack of Written Easement From Corps for Dakota Access Pipeline


While hundreds are settling in for the long haul at an encampment to protest the Dakota Access Pipeline, the U.S. Army Corps of Engineers confirmed Thursday that the pipeline developer, Energy Transfer Partners, does not yet have a written easement to build the pipeline on corps property.

Corps spokesman Larry Janis said the easement is still under review, though the agency did issue Section 408 permission in late July that allows the easement to be written.

“They can’t build the project by accessing corps property from west to east across Lake Oahe,” Janis said of any current construction.


The realization that the company still does not have an actual easement surfaced Wednesday in a federal district court in Washington, D.C., where the Sioux tribe’s request for an injunction to stop the pipeline pending its suit against the corps was heard. The court judge said he wants more time to study whether the corps failed to follow the National Historic Preservation Act and other federal laws in its environmental review of the project. The judge said he will rule on the injunction Sept. 9.

Documents in the hearing discussed in the article are here.


Posted in Author: Kate E. Fort, Environmental | Tagged , , | Leave a comment

Tenth Circuit Reverses Indian Country Criminal Conviction

Here is the opinion in United States v. Wolfname.

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

NITA Special Session for CA Tribes on Cigarette Taxation and Enforcement

California Tribes Special Session

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Sonosky, Chambers Seeks 2017 Summer Associates

Sonosky, Chambers, Sachse, Endreson, & Perry LLP is a national law firm dedicated to representing Native American interests in a wide range of endeavors including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. The firm’s practice includes representation of tribal interests in federal, tribal and state courts, and before Congress, state legislatures, and federal and state agencies.

We are currently recruiting 2L students for 2017 summer associate positions. If you are interested in applying, please send the following to Will Stephens, Partner at (please also copy

  • Cover letter
  • Resume
  • Transcript
  • Writing sample (relevant to our practice area is preferred, but not necessary)

Interested applicants should send information no later than August 31, 2016. Thank you for your interest.

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

Anishinabe Legal Services Seeks Fellow, Staff Attorney


Attention 2017 law school graduates: ALS wants to host a fellow! ALS proposes fellowship projects concentrating on services to a Native American population in Rural Minnesota and primarily with Elders in Elder Abuse related matters and expanding tribal court jurisdiction. The Equal Justice Works RFP application is open until Sept. 16th.

If you are a current 3L, have an interest in Native American and Elder Law, and would like more information about our organization, please contact Chari at 1-800-422-1335 or by email:

Staff Attorney

ALS is looking for a well-qualified and highly motivated Staff Attorney to provide direct legal services for clients before administrative agencies and Tribal Courts throughout the Anishinabe Reservations in North Central Minnesota. The staff attorney will be responsible to provide direct legal services to individuals specifically with their disability benefits including obtaining federal disability benefits through the reconsideration and appeals processes, but also handling overpayments and cessation cases, as well as other legal matters related to consumer law, school law, and tribal law.

This attorney is expected to be licensed to practice in the State of Minnesota by anticipated start date of position; this attorney is also expected to be licensed or willing to immediately become licensed before the local Tribal Courts. Salary is D.O.E. and benefits include individual and family health insurance, dental insurance, paid holidays, paid time off and life insurance.

TO APPLY: Please send a cover letter and resume, along with writing sample and three (3) references to ALS Administrative Director, Chari LaDuke-Clark, Anishinabe Legal Services, PO Box 157, Cass Lake, MN 56633 or email required application materials to Applications preferred by Sept. 19th but will be accepted until the position is filled.

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

Center for Indian Country Development: Early Childhood Development Programs in Indian Country


Please join the Center for Indian Country Development (CICD) on October 5 and 6, for rich discussions highlighting scientific research and successful early child development programs in Indian country. We also will share strategies to elevate early childhood development as a policy priority in Indian country and sustain funding.

To broaden perspectives and promote collaboration, the CICD encourages attendance of small teams from American Indian and Alaska Native communities consisting of leaders of early childhood development programs and tribal government representatives, tribal leaders, or elders. Also attending will be non-profit organizations and government agencies that manage funding and technical assistance for early childhood development initiatives in Indian country.

Speakers and panelists include:

  • Brooke Ammann, Waadookodaading Ojibwe Language Immersion School
  • Kathleen Annette, Blandin Foundation
  • Josie Chase, Oglala Lakota College
  • Terry Cross, National Indian Child Welfare Association
  • Jackie Dionne, Minnesota Department of Health
  • Barb Fabre, White Earth Band of Chippewa
  • Anita Fineday, Casey Family Programs – Indian Child Welfare Program
  • Michael Goze, American Indian Community Development Corporation
  • Megan Gunnar, University of Minnesota
  • Matthew Rama, Thunder Valley CDC – Lakota Immersion Childcare
  • Art Rolnick, University of Minnesota
  • Betty Jane Schaaf, Wicoie Nandagikendan Early Childhood Urban Immersion Program
  • Linda Smith, U.S. Department of Health and Human Services
  • Anton Treuer, Bemidji State University
  • Lori Watso, Shakopee Mdewakanton Sioux Community
  • Tarajean Yazzie-Mintz, American Indian College Fund
  • Maria Yellow Horse Brave Heart, University of New Mexico (invited)

In addition, the conference includes sessions to facilitate networking and idea sharing through roundtable discussions.

There is no charge for this “invitation only” event; conference registration is requiredPlease register early as space is limited.

Posted in Announcements, Author: Kate E. Fort | Tagged , , | Leave a comment

District Court Holds Miccosukee Member Liable for $278K in Taxes

Download materials in the matter of U.S. v. Jim et al, 14-cv-22441 (D. Fla. 8/24/16):

Doc. 185 – United States’ Proposed Findings of Fact and Conclusions of Law

Doc. 186 – Defendant Sally Jim and Intervenor-Defendant Miccosukee Tribe of Indians’ Proposed Findings of Fact and Conclusions of Law

Doc. 188 – Order Setting Forth Court’s Findings of Fact and Conclusions of Law

Link to previous posts about government’s tax dispute with Miccosukee Tribe here.

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

Former Bethel Police Officer Pleads Guilty to Assault for Misconduct

Link to Alaska Dispatch News article by Lisa Demer here.

Posted in Author: Sarah Donnelly, Criminal, News | Tagged , | 1 Comment

WSBA Indian Law Section Summer 2016 Newsletter

The Washington State Bar Association Indian Law Section is pleased to deliver the summer 2016 issue of the Indian Law Newsletter, now available online (PDF).

In this issue:

  • Word from the Chair, Lauren King
  • Betting Against the House: Santa Ysabel and Lessons Learned With Internet Gaming by Drew Pollom
  • Executive Committee’s Letter to the BOG Regarding the Proposed Ban on Religious Practices at WSBA Events
  • Current Developments in Tribal Taxation Issues and Initiatives by Wendy Pearson
  • Disenrollment: The American Dream Meets the Myth of Scarcity by Se-ah-dom Edmo

As a benefit of Indian Law Section membership, you can look forward to upcoming issues, which will provide updates on Section activities, practitioner resources, and an array of other relevant information. If you are interested in contributing an article for the next edition, please email the editor of the Indian Law Newsletter, Anthony Broadman.

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

Nooksack Tribal Clerk Now Rejecting Filings in Gladstone v. Kelly

Download PDF: Belmont (Roberts) v Kelly REJECTED Third Declaration of Michelle Joan Roberts in Support of Motion to Expand InjunctionGladstone v. Kelly REJECTED Motion for Permanent Injunction Margretty Rabang

Link to previous posts here.

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