Ninth Circuit Affirms Grand Canyon Lands Withdrawal from Uranium Mining

Here is the opinion in National Mining Association v. Zinke:

9th Cir. Opinion Affirming GC Withdrawal

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

SCOTUS Denies Cert in Great Plains Lending & Quapaw Gaming Cases

Here is yesterday’s order list.

The materials in Great Plains Lending v. CFPB are here.

The materials in Kansas v. NIGC are here.

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

North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289

The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child leaves this record without evidence necessary for the district court to find the State established the ICWA requirement by proof beyond a reasonable doubt. 25 U.S.C. There is a line of authority that upholds termination of parental rights absent an ICWA qualified expert witness. We choose to follow the other branch of authority because the United States Code and the United States Code of Federal Regulations require—and do not merely suggest—that a qualified expert witness testify on the ICWA requirements in all ICWA terminations.

 

(Unrelated, one has to love a Court that only allows opinions to be downloaded as WordPerfect documents. That’s commitment.)

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | Leave a comment

Sixth Circuit Briefs in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield

Here:

Saginaw Chippewa Opening Brief

BCBS Brief

Reply Brief

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

Tenth Circuit Briefs in Cherokee Nation v. Zinke (UKB Trust Acquisition)

Here they are (so far);

Federal Brief

Lower court materials in Cherokee Nation v. Jewell here.

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

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

Here is the order list from last Friday.

Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren.

Lower court materials here.

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

Angelo Baca: “Bears Ears is Here to Stay”

In the New York Times, here.

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

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

Senate Indian Affairs Committee

Policy Advisor/Counsel, Office of the Vice Chairman, Senator Tom Udall, Washington D.C. Covers legislative portfolio including economic development, law enforcement, energy, tax, and related issues impacting Indian Country. Additional duties include developing and executing legislative initiatives; monitoring legislative developments; conducting oversight; working with stakeholders; preparing materials for meetings, briefings, and hearings; and coordinating closely with senior staff and the Vice Chairman.  This position requires excellent communication, strong research and writing skills, as well as the ability to work well under pressure in a fast-paced environment.  Ideal candidate will have work experience in the legislative and/or executive branch, as well as extensive knowledge of, experience with, and/or contacts with Indian Country.  J.D. preferred but not required.  The Office is an equal employment opportunity employer and encourages individuals from all backgrounds to apply.  Please e-mail a cover letter and resume to SCIAresumes@indian.senate.gov.

U.S. Department of Justice

Task Force Member, Office on Violence Against Women, Washington D.C.  The U.S. Department of Justice is looking for tribal leaders to serve on a task force to advise us about research activities to help reduce violence against women in Indian country.  Task Force duties include:

  • Providing feedback on research and evaluation priorities, design strategies, protocol, and findings.
  • Assisting in disseminating results that influence policy and practice.
  • Drafting and reviewing reports and recommendations.

Members must be representatives of:

  • Tribal governments
  • National tribal domestic violence and sexual assault nonprofit organizations
  • National tribal organizations

Mille Lacs Band of Ojibwe

Special Magistrate (RFQ), Onamia, M.N. Hears court cases specifically every Monday, except for designated holidays, beginning in January 2018 to September 2019. Cases heard are primarily family law, truancy, domestic abuse, harassment, criminal arraignments; however, there may be other case types added throughout the term of contract. Resumes are due by Friday, December 18, 2017 by the end of business.

Comanche Nation

Chief District Judge, Lawton, O.K. Conducts court proceedings and issues all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Comanche Nation Court. Deadline for submission is December 19, 2017 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Associate District Judge(2), Lawton, O.K. Handles, presides over and adjudicates all criminal, civil, juvenile, and traffic cases and litigation as assigned by the Chief District Judge within the jurisdiction of the Comanche Nation Court. Deadline for submission is December 19, 2017 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Elk River Law Office, PLLP

Associate Attorney, Billings, M.T. The firm seeks an experienced associate attorney with three-years legal experience in a civil law firm including Federal Indian law.  Current and former judicial law clerks with experience in administration of civil cases are encouraged to apply. All applicants must be licensed to practice law in Montana, and must have strong research and writing skills. Competitive salary based upon experience. Please send a resume, cover letter and three references to: Georgette Boggio, P.O. Box 928, Billings, Montana 59103, or you can submit your information by e-mail to gboggio@elkriverlaw.com.  All applications are confidential.

Nevada Legal Services

Staff Attorney, Indian Law Project, Reno, N.V. Will be handling criminal defense cases in Tribal Courts in northern Nevada and will do some civil representation in Tribal Courts in northern Nevada. Our staff attorney’s salary begins at $42,154 and goes up based upon your experience. We provide medical, dental, and vision insurance and you may participate in the 403(b) TDA. A great deal of travel with some over-night stays is required in this position. If you are interested in the position, send a resume, writing sample, and list of three references to: Roberta O’Hara, Human Resources at rohara@nlslaw.net.

Paiute Indian Tribe of Utah

Legal Counsel(RFP), Cedar City, U.T. The Tribe is seeking proposals for general and/or special Legal Counsel Services from one or more firms or individuals who can demonstrate proficient expertise in Tribal Governance, Economic Development, and Tribal Employment as needed.

Claremont Graduate University

Native American Fellowship, Claremont, C.A. CGU has recently received a grant from the US Department of Education that will allow twelve Native Americans (in two cohorts of six each) to receive a 100% tuition fellowship and a living stipend ($1400/month for 15 months) to support their earning of a k-12 teaching California teaching credential and master’s of education from Claremont Graduate University.  Given that the first cohort will start classes in May 2018, recruitment has already begun. Contact either Rachel Camacho, Rachel.Camacho2@cgu.edu, or DeLacy Ganley, DeLacy.Ganley@cgu.edu, if you are interested or have questions.

Choctaw Nation of Oklahoma

Attorney, Division of Commerce, Durant, O.K. Primarily responsible for negotiating, writing, reviewing, summarizing, researching and executing a wide variety of agreements for business and internal support units. This will include service agreements, franchise agreements, organizational documents, marketing agreements, license agreements, real estate leases, confidentiality agreements, construction contracts and other general business contracts. Manage an array of general contractual and legal matters. Offer sound legal advice and counsel to Sr. Legal Director and internal clients on strategies, actions and decisions related to all such transactions and legal matters.

Other jobs posted this week:

Indian Child Welfare Attorney(RFP)(2), Grand Traverse Band of Ottawa and Chippewa (12/4/17)

Probate/Estate Planning Attorney(RFP)(2), Grand Traverse Band of Ottawa and Chippewa (12/4/17)

Previous Friday Job Announcements12/1/17

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

National Indian Law Library Bulletin (12/7/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 12/7/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 11/27/17 in: Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act – Application of)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Lower Elwha Klallam Indian Tribe v. Lummi Nation (Fishing Rights – Usual and Accustomed Fishing Areas)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of K.G. and A.R. (Indian Child Welfare Act – Notice)
Brown v. Garcia (Disenrollment; Tribal Sovereign Immunity)
Flathead Joint Board of Control v. State of Montana (Water Compacts)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature articles about the Trump administration’s decisions to revoke and replace Bears Ears National Monument.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added the following bills and resolutions:

  • H.R.4506: To provide incentives to encourage tribal job creation and economic activity, and for other purposes.
  • H.R.4490: To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, to maximize government efficiency and reduce costs, in cooperation with state, local, and tribal governments and other entities, and for other purposes.
  • H.R.4532: To create the first tribally managed national monument, and for other purposes.
  • S.2189: A bill to require the Secretary of the Treasury to mint coins in commemoration of the 400th anniversary of the landing of the Mayflower and settlement of Plymouth Colony, the signing of the Mayflower compact near Provincetown, and the role of the indigenous Wampanoag Tribes in the realization of the settlement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:

  • Resource Wars: A conflict of interests in the Bering Sea Climate Resilience Area.
  • Melting ice, shifting seas: An Arctic law update.
  • The Oil Sands of time: Pipelines and promises.

U.S. Regulatory Bulletin  
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of Commerce has published a notice relating to endangered and threatened species and taking of anadromous fish.

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

Utah Diné Bikéyah & Patagonia and Others Sue Trump over Bears Ears, Too

Here is the complaint in Utah Diné Bikéyah v. Trump (D.D.C.):

2017.12.06 – Bears Ears Complaint (filed)

Here is the complaint in Natural Resources Defense Council v. Trump (D.D.C.):

NRDC Complaint

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