Category Archives: treaty rights

Culverts cert petition filed

The State of Washington has petitioned for cert. in the Culverts case. The cert. petition is available here.

Posted in Author: Ann Tweedy, News, treaty rights | Tagged , , | Leave a comment

Federal Court Holds Feds Cannot Tax Proceeds Derived Directly from Indian Lands

Here are the materials in Perkins v. United States (W.D.N.Y.): 9-1 Motion to Dismiss 12 Opposition 13 Reply 14 Magistrate R&R 15 US Objections 16 Perkins Objections 19 US Response 20 Perkins Response 21 US Reply 22 Perkins Reply 24 … Continue reading

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

New Scholarship on Indigenous Water Justice

Jason A. Robison, Barbara A. Cosens, Sue Jackson, Kelsey Leonard, and Daniel McCool have posted “Indigenous Water Justice” on SSRN. Here is the abstract: Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights, water rights | Tagged , , | Leave a comment

Tribal Comments on Dynamic Risk Draft Alternatives Analysis (Line 5)

Here: Tribal Comments on Dynamic Risk Draft Alternatives Assessment ATTACHMENT A

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Michigan Indian, Research, treaty rights | Tagged , , | 1 Comment

New Scholarship on Standing Rock, Treaties, and the Supremacy Clause

Carla F. Fredericks & Jesse D. Heibel have posted “Standing Rock, the Sioux Treaties, and the Limits of the Supremacy Clause,” forthcoming in the University of Colorado Law Review. Here is the abstract: The controversy surrounding the Dakota Access Pipeline … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights | Tagged , , , , , , | Leave a comment

Ninth Circuit Briefs in United States v. King Mountain Tobacco Co. (No. 16-35956)

Here: King Mountain Opening Brief US Brief

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

Split First Circuit Rules against Penobscot Nation Rights

Here is the opinion in Penobscot Nation v. Mills. Here are the materials.

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

Keweenaw Bay Indian Community Tobacco Tax Claims against State to Proceed

Here are the materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.): 69 Motion for Judgment on Pleadings 73 KBIC Response 75 Reply 81 DCT Order

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Research, taxation, treaty rights | Tagged , , | Leave a comment

Grand Traverse Band Intervenes to Shut Down Enbridge Line 5 in Michigan Agency Proceeding

Here are the materials: 2017-06-29 GTB Petition to Intervene FINAL +Exs FINAL 2017-06-29-17 Comments to DEQ USCOE Joint App Enbridge for Supports

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Michigan Indian, Research, treaty rights | Tagged , | Leave a comment

Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Here: Cert Petition Questions presented: Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, taxation, treaty rights | Tagged , , , | Leave a comment