9th Circuit blocks gold mine on sacred mountain - but on environmental basis
It's only a temporary injunction.
And it's NOT on the basis of the tribe's religious concerns for their sacred mountain.
BUT, the 9th Circuit Court of Appeals did issue an injunction against the construction of an open pit strip mine for gold in Nevada.
"In reversing an earlier ruling, the judges in San Francisco said the U.S. Bureau of Land Management failed to adequately analyze the mine's potential to pollute the air with mercury emissions and dry up scarce water resources in Nevada's high desert. The project is located on Mount Tenabo, about 250 miles east of Reno.
The appellate judges concluded BLM's review was inadequate under the National Environmental Policy Act, which requires a thorough examination of large-scale projects on federal land. They said the agency didn't fully consider the air quality impacts resulting from transporting ore to an off-site processing facility 70 miles away.
The judges also said the review didn't do enough to examine the likelihood that pumping water out of the pit would cause the groundwater level to drop and potentially dry up more than a dozen streams and springs.
The ruling Thursday sends the case back to federal court in Reno until the BLM revises its environmental impact statement.
In the ruling, the appellate court upheld a federal judge's finding that opponents of the mine failed to prove they were likely to prevail on claims the mine would cause visual harm to Mount Tenabo and create a substantial burden on the tribes' ability to exercise their religion."
JOB TITLE: Chief Judge, Quechan Tribal Court SALARY: $60,000 – $65,000 per year SUPERVISION: Quechan Tribal Council TERM: Three (3) year appointment. OPENING DATE: November 30, 2009 CLOSING DATE: Open Until Filled – First Review December 18, 2009
QUALIFICATIONS
Twenty-five years of age or older
Minimum of two years’ of college-level courses a four‑year degree is preferred but work experience as a court employee, particularly in a tribal court system, can be substituted for education (one calendar year work experience = one school-year education experience)
Must be of good moral character and integrity with no felony convictions and no misdemeanor convictions within one year.
Proficient in reading, analyzing and applying case and statutory law to the facts of a case.
Must be capable of preparing papers and reports incidental to the office of judge and demonstrate knowledge of and ability to interpret, the Quechan Law and Order Code.
Must have a good understanding of tribal, federal and state law and court procedure in criminal and civil proceedings and must be particularly knowledgeable about federal Indian law and the rights of Indians and Indian tribes.
MINIMUM QUALIFICATIONS
An enrolled member of any tribe, or
The parent, child, or spouse of an enrolled member of the Quechan Tribe, or
Domiciled within the Fort Yuma Indian Reservation, or
An Attorney
DUTIES
The duties of the Chief Judge include, but are not limited to, the following:
Conducting court sessions in civil and criminal cases.
Efficient management of the Tribal Court systems docket so that all cases are heard in a timely and just manner.
Supervision and training of court personnel and the establishment of court rules and administrative procedures to aid in the efficient administration of the Tribal Court system.
Attending regional and national training for tribal court judges and other judicial training programs.
Overall administration of the Quechan Tribal Court system.
SKILLS
The required skills of the Chief Judge include, but are not limited to the following:
Arbitrating disputes, advising counsel, litigants and juries of applicable law and court procedures.
Understanding, interpreting and applying tribal law, and if and when applicable or persuasive, in the absence of applicable tribal law, federal or state law.
Understanding pleadings, application of rules of evidence, the judicial process, including but not limited to, before, during and after trial, and preliminary proceedings.
Writing judicial opinions or orally explaining judicial opinions to litigants from the bench.
The ability to work with other professionals, including, but not limited to, attorneys, social workers, psychologists, police officers, judges from other courts, court personnel, and other representatives of the court and governments of other Indian tribes, the State of Arizona and other states and the United States.
Prepare written reports to the Tribal Council and for the Bureau of Indian Affairs (BIA).
FOR MORE INFORMATION AND TO APPLY:
Submit a letter of interest, resume and a legal writing sample and three letters of reference to:
Quechan Indian Tribe Human Resource Department 350 Picacho Road, Winterhaven, CA 92283 Telephone: (760) 572-0213
Mailing Address: Quechan Indian Tribe Human Resource Department P. O. Box 1899, Yuma, AZ 85366 Fax: (760) 572-0515
(All resumes must be accompanied by a Tribal Application)
All offers of employment are conditional on the successful completion of a drug test and background investigation. Preference in filling vacancies is given to qualified Indian Candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Sections 472 & 473). Applicants claiming Native American Preference must present valid evidence of Tribal Affiliation. In other than the above, the Quechan Tribe is an Equal Opportunity Employer. The Quechan Tribe adheres to the Drug-Free Workplace Act of 1988.
the Indigenous Law Journal at the University of Toronto:
Call for Submissions
The Indigenous Law Journal at the University of Toronto announces its second call for submissions for Volume IX (Fall 2010). Both students and professionals are encouraged to submit.
We encourage you to post and forward the Call widely.
* * *
The Indigenous Law Journal is dedicated to developing dialogue and scholarship in the field of Indigenous legal issues in Canada & internationally. We encourage submissions from all perspectives. Our central concerns are Indigenous legal systems and legal systems as they affect Indigenous peoples.
We strongly encourage contributors to submit works focusing on Indigenous legal orders. Submissions on legal systems as they affect Indigenous peoples will continue to be accepted.
* * *
Please address questions to Ajay Winterburn and Mark Gustafson, Co-Editors-in-Chief, at:
Program Description: California Indian Legal Services is a statewide, tribally controlled, non-profit corporation that provides legal services to individual Indians, Indian tribes, and Indian organizations on issues involving Federal Indian law. CILS attorney services range from providing brief counsel and advice to low income Native Americans to more extended representation on core legal issues affecting Native Americans and Indian tribes, to significant litigation, policy analysis and advocacy, to transactional services to tribes involving economic development and tribal infrastructure. Currently, CILS operates four offices in California.
Job Description:
Staff attorney will work with Indian individuals, families, organizations and tribal governments in all areas of Federal Indian law, including but not limited to, advising on issues involving jurisdiction, tax, estate planning, trust assets, environmental law, cultural resource protection, Indian education, natural resource development, tribal governance, tribal justice systems, employment, and the Indian Child Welfare Act. Responsibilities may range from the provision of brief counsel and services to low income Indian individuals to representing individuals and tribes in state and federal court, negotiating contracts, advising tribal clients and developing and implementing constitutions, codes, and policies for tribal clients.
Qualifications:
* J.D. degree with exceptional academic achievement.
* Licensed to practice in California.
* Demonstrated knowledge of Federal Indian law with a minimum of three years experience practicing law.
* Excellent oral and written communication skills.
* A willingness to assume a varied caseload.
* Strong work ethic and able to work nights and weekends when many tribal councils meet.
* Ability to travel overnight, valid driver’s license.
* A demonstrated commitment to providing high quality legal services for Indian people.
The following qualifications are desirable but not absolutely required:
* Experience working with Indian individuals or tribes.
* Prior legal services experience.
Salary:
Competitive salary D.O.E. Full family/partner medical and dental benefits, LTD, life insurance, generous leave policies and potential annual performance bonus.
To Apply:
Please submit resume, cover letter, and writing sample to Patricia De La Cruz-Lynas, Director of Administration, California Indian Legal Services, 609 S. Escondido Blvd., Escondido, CA 92025, (Fax) 760-746-1815. E-mail hiring@calindian.org. All applicants will be notified when a final hiring decision is made.
CALIFORNIA INDIAN LEGAL SERVICES IS AN EQUAL OPPORTUNITY EMPLOYER. NATIVE AMERICANS, WOMEN, MINORITIES AND THE DISABLED ARE ENCOURAGED TO APPLY.
ONLINE Native American studies courses offered by MSU
According to the AP story - "BOZEMAN, Mont. (AP) – Montana State University is adding two online Native American Studies courses this spring.
One class, “Federal Indian Law and Policy,” is a graduate course that will trace the history and complexity of Indian law, covering treaties, water rights, natural resource development and tribal businesses.
William Eggers III, a Crow tribal member and adjunct instructor at Little Big Horn College, Rocky Mountain College and MSU, is instructor for the course.
MSU will also offer the online course “Native America: Dispelling the Myths.” The graduate course will explore a series of assumptions commonly held by non-Indians and sometimes Indians, as well. The instructors are Kristin Ruppel and Rebecca Wingo, both of MSU’s Department of Native American Studies."
A "save the date" notice for a conference next year......
Save the Date
12th National Indian Nations Conference
Justice for Victims of Crime
December 9-11, 2010
Agua Caliente Reservation
Palm Springs, California
This national conference will provide opportunities for education, skills
building, and strategies on a wide variety of important issues pertaining to
victimization in tribal communities.
Questions:
Tribal Law & Policy Institute
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046 conference@tlpi.org
Pre-Conference Institutes will be held on December 8, 2010.
Registration Packets will be available mid 2010.
US Supreme Court denies certiorari in Harjo and Elliot cases
The high Court has today denied cert. in Harjo (Washington football team Indian trademark) and Elliot (tribal jurisdiction) cases. This is not surprising....the Supreme Court denies cert. in the overwhelming number of cases it is asked to consider. (A lot of Indian law practitioners were hoping for a little more clarity in tribal jurisdiction cases and exhaustion doctrine from a ruling in Elliot, however. Ah, well......)
Can Indians living OFF-reservation be forced to pay income tax when those living ON-reservation cannot?
An interesting question - a California tribe has members living both on and off-reservation. The tribe also has casino money, which it dispenses to its members. Those members living ON the reservation don't have to pay state income tax on that money....but California wants the taxes from those who have to live OFF the reservation (since the tribe simply doesn't have housing for them on the rez).
Live-blogging from the D.C. Indian Law Conference - part 3
The first afternoon session - "Civil and Regulatory Jurisdiction Fix" - this is a fairly technical aspect of Indian Law, and also pretty complex and confusing. What was REALLY of interest, however, was the appearance on the panel of Ms. Kimberly Teehee, current White House Domestic Policy Council member, i.e., the chief advisor to President Obama's administration on Indian matters. Sadly, however, there were not great revelations or pronouncements emerging. Ms. Teehee talked a lot about comprehensive solutions and combining resources and leveraging all resources and taking a multi-agency approach, but offered no solutions. While this administration supports the Tribal Law and Order bill currently pending in Congress that would strengthen tribal court systems and improve their criminal jurisdiction to some degree, that is the only initiative that seems to be actually on the table at the moment. At the core of her concerns seems to be the need to address domestic violence in Indian Country....a laudable goal, but still has not produced much concrete action that would presumably lead to permanent change in Indian Country.
To be completely fair to Ms. Teehee, she also talked, and credibly so, about how difficult it is to get legislation through Congress to address such broad issues as civil and criminal jurisdiction in Indian Country, and how there is a much stronger political and PR aspect to these problems than those not directly involved in the political process often realize.
Live-blogging from the D.C. Indian Law Conference - part 2
The lunch keynote speaker really was one of note - Ms. Hilary Tompkins, the fairly-newly-appointed Solicitor for the Department of the Interior. Her speech was pretty general, and somewhat circumscribed by the (appropriate and fair) concern about not commenting on pending cases.
However, more revealing was the Q and A period - some interesting and pertinent comments (to the best of my note-taking and recollection abilities):
What about a Carcieri Fix? The Department is aware of currently pending legislation, and unlike in previous sessions of Congress, is not opposing it.
What's the Grand Plan for Indian affairs in your office and the Department of the Interior? There is no grand master plan, at least as of yet.....but there is a vision of empowering tribal nations, moving beyond the need for "consultation" and towards collaboration and partnership.
What about a civil jurisdiction fix? No real comment....depends on what happens on the Hill.
What about Obama's promise to resolve the federal trust issues problem (i.e., the current lawsuits, e.., Cobell v. Salazar)? "Of course, this must involve DOJ, but settlement would be my preferred method. We are currently conferring with DOJ on the letters we've received on the question of settlement, and we'll let you know when there is a decision."
Can the federal tribal recognition process be changed? We are aware that there a lot of concerns. This is driven by BIA. Larry Echohawks has publically stated that he'll reform the process "starting soon."
There were other questions, but that is a quick summation of what your mild-mannered editor considers to be the most important...
Live-blogging from the D.C. Indian Law Conference - part 1
First impression - what a terrific, beautiful place the National Museum of the American Indian is.
Second impression - I wish the seats in the meeting rooms weren't quite so hard.
OK, more to the legal point - the mornings presentations were on "Ethics of Inter-tribal Investment and Co-Ownership," followed by "Beyond Land-Into-Trust: Creative Land Ownership Options for Tribes." The first presentation sounds like it would be a snoozer, but, in truth, it was not. There are quite a number of very interesting ethical problems face by law firms who are in the middle of the big money deals being made by tribes, through and with tribal corporations and non-tribal corporations and mixed corporations. It really can get quite complicated, and the attorney have to be constantly asking themselves just exactly who they're representing, and what their duties are.
The second - on Creative Land Ownership....it's certainly in a critically important issue area, but there are a lot of proposals on how to deal with it, but no idea how/when/whether or not they'll ever be adopted. It's certainly interesting food for thought, but hard to tell if it's going to ever be anything more than just thought.
Contemporary Issues for American Indians and American
Immigrants
March 5, 2010
University of Wisconsin Law School
Madison, Wisconsin
We are seeking original scholarship, from both
scholars and practitioners, that addresses the intersections of law and gender in
the daily lives of two populations, each of which occupies a unique space in American
law: American Indians and Immigrants.Interested parties should send an abstract to WJLGS.Symposium@gmail.com
by November 15, 2009.Those
selected for the Symposium will be notified in early January 2010.The Journal’s Symposium issue will be
published in Winter 2010.
"The nation's first offshore wind farm faces more delay after a top
Massachusetts historic preservation officer said that two Indian
tribes' claim to Nantucket Sound needed more study.
The decision by Brona Simon, executive director of the
Massachusetts Historical Society, means final approval for the Cape
Wind project, proposed in 2001, will be delayed by weeks and perhaps
months.
Cape Wind seemed near final approval after it passed a major
environmental review in January, but that's been delayed by the
Wampanoag tribes in Mashpee and Martha's Vineyard.
The tribes argue the entire sound is eligible for a listing on
the National Register of Historic Places as their "traditional cultural
property."
The Wampanoags say they need that protection because Cape Wind's
130 turbines will be visible several miles away on the horizon,
destroying their ancient rituals, which require an unblocked view of
the sunrise."
The San Manuel Band of Serrano Mission Indians commemorated the opening of the new San Manuel Tribal Court Friday, Oct. 23. The grand opening event marked an important milestone in the tribe’s exercise of its sovereign authorities as a government and was attended by 100 guests from regional tribal and state courts, law enforcement, and public office. “This is a historic day for the Tribe as we constitute the first formal court system on the reservation,” said Chairman James Ramos. “Today we affirm our commitment to invest in the capacity of our government to serve its people.” The court is comprised of a Trial Court and an Appellate Court, and the event included the first pubic swearing-in ceremony of the Chief Judge and the swearing-in of three Appellate Judges and a Judge Pro Tem.
San Manuel’s trial court will include Chief Judge Joanne Willis Newton and Judge Pro Tem Anthony Lee. Judge Willis Newton is a member of the Cree Nation of Chisasibi, located in northern Quebec, Canada. She worked for several years in the field of Aboriginal law in Canada before starting to practice Indian law in California more than 10 years ago. Judge Lee is a member of the St. Regis Mohawk Tribe of New York and is the tribal attorney for the White Mountain Apache tribe of Arizona. He also sits as an appellate judge for the Southwest Intertribal Court of Appeals. San Manuel’s appellate court judges are: Michael Taylor, Jonodev Chauduri, Deborah DuBray and Job Serebrov.
Title: TRIBAL RIGHTS ATTORNEY Location: Bethel, AK Company: Association of Village Council Presidents Salary: Competitive salary and excellent benefits. Web/E-mail: www.avcp.org
TRIBAL RIGHTS ATTORNEY
The Association of Village Council Presidents, a non profit organization in Bethel, AK is currently recruiting for a Tribal Rights Attorney. The Tribal Rights Attorney will provide direct legal representation and assistance to the tribal governments served by AVCP on tribal initiatives, in administrative proceedings, court cases, and legislative issues on matters relating to the following areas of concern: 1. tribal sovereignty, rights of self-governance, and other issues related to tribal rights; 2. natural resources law, including subsistence rights under ANILCA and other applicable laws; and the protection of the civil rights and civil liberties of the tribal community, including fair and equal treatment in the provision of state and federal government services.
QUALIFICATIONS: Juris Doctorate degree from an accredited law school. License to practice law in the State of Alaska or ability to pass the Alaska Bar Exam within six (6) months from date of hire. Prefer three (3) years of experience in Indian law but willing to consider other relevant credentials.
BENEFITS: Competitive salary and excellent benefits.
Contact AVCP’s Human Resources Department at (907) 543-7307 for an application, to submit your resume or for more information. Visit our website at www.avcp.org Fax (907) 543-7329.
Per PL 93-638 (Indian Self determination & Education Assistance Act) qualified Alaska Native/American Indians are given preference but candidates from all backgrounds are welcome to apply.
The Pueblo of Pojoaque is accepting applications for General Counsel. Applicant will assume diverse roles while working with Pueblopeople, their government and Pueblo corporations. A background of federal Indian law is essential. Primary areas of practice include the areas of domestic affairs, tribal corporations, water law and general civil law. Criminal lawpractice is at a minimum. Litigation experience in tribal, state and federal court is highly prized. Salary is dependent on experience. Position will be filled within 30 days of this posting. Send resumes via e-mail to fdemolli@ puebloofpojoaque.org
Associate Attorney The Nordhaus Law Firm, LLP is seeking a full time associate attorney with one to three years of relevant experience to work primarily on Indian water rights litigation in our Santa Fe, New Mexico office starting as soon as possible. Demonstrated interest in Indian law is required. Experience in water law and/or Indian law is strongly preferred. The Firm is dedicated to the representation of Indian Tribes and Tribal entities on environmental issues, natural resource protection and development, jurisdictional issues, Tribal governance issues, economic development projects, and in administrative and regulatory processes as well as in trial and appellate litigation. Native Americans are encouraged to apply. Please apply immediately by submitting: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) an official law school transcript to Hiring Partner Santa Fe Position, Nordhaus Law Firm, LLP, 1239 Paseo de Peralta, Santa Fe, NM 87501. You may submit your application by email to hiringpartner@nordhauslaw.com.
Wampanoags seek to block offshore wind farm on religious basis
From Newsmax.com: "From a blustery perch over a Cape Cod beach, Chuckie Green gestures toward a stretch of horizon where he says construction of the nation's first offshore wind farm would destroy his Indian tribe's religion.
The Wampanoag -- the tribe that welcomed the Pilgrims in the 17th century and known as "The People of the First Light" -- practice sacred rituals requiring an unblocked view of the sunrise. That view won't exist once 130 turbines, each over 400 feet tall, are built in Nantucket Sound, visible to Wampanoag in Mashpee and on Martha's Vineyard.
Tribal rituals, including dancing and chanting, take place at secret sacred sites around the sound at various times, such as the summer and winter solstices and when an elder passes.
The Wampanoag fight to preserve their ceremonies has become the latest obstacle -- some say delay tactic -- for a pioneering wind energy project that seemed at the cusp of final approval."
Followup - Navajo Times reports "substantial" evidence against Navajo Nation President Shirley
From the Navajo Times:
There is "substantial" evidence against President Joe Shirley Jr. and Chief of Staff Patrick Sandoval for alleged violations of the Navajo Nation's ethics law, according to the executive summary of a report that was part of the basis for placing Shirley on leave with pay. Titled "Legal Violations of Navajo Nation Officials and Employees Arising from the Nation's Contractual History with OnSat," the report is the result of an investigation commissioned by the Navajo Nation Council in January.
The council requested the investigation following a tribal audit of OnSat. Sacks Tierney, a law firm based in Scottsdale, Ariz., was hired to investigate whether any of the actions of tribal officials might violate the tribe's laws.
The executive summary, a copy of which was obtained by the Navajo Times, states that "the evidence is substantial that President Shirley and Sandoval appeared to give preferential treatment to OnSat and appeared to compromise their independence and impartiality which gives rise to liability under (ethics law) section 3745(B)."
That section of the Navajo Nation Code prohibits "engaging in conduct that appears to give preferential treatment to special interests or to compromise impartiality."
Shirley, in a telephone interview Wednesday, said there was no preferential treatment for OnSat."
