Native American Law Watch – Fall 2016
Articles:
- Dakota Access Controversy: Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Policy Review of Federal Government’s Tribal Consultation Obligations, and Why This Matters to Us
The Dakota Access Pipeline (DAPL) project has become the focal point for Native American complaints concerning the manner in which federal agencies comply with their responsibilities to engage in tribal consultation on projects in and around Indian country requiring federal approvals, permits, or licenses. The rejection by the United States District Court for the District of Columbia of an application for preliminary injunction of DAPL construction appears to demonstrate, however, that the federal agency at the heart of the DAPL controversy, the U.S. Army Corps of Engineers (Corps), engaged in efforts to consult with the Standing Rock Sioux Tribe, only to be ignored or rebuffed on multiple occasions. Continue Reading
- The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend
It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .” Whether the Age Discrimination in Employment Act (ADEA) applies to tribes, however, is less established. In Williams v. Poarch Band of Creek Indians, the United States Court of Appeals for the Eleventh Circuit recently held that, regardless of whether tribes can be held subject to the ADEA as a statute of general applicability, Congress did not waive tribal sovereign immunity under the Act. Thus, a plaintiff may not sue a tribe under the ADEA. Continue Reading
OF NOTE:
- Can a State Sell Pueblo Lands in a Tax Sale? Pueblo of Acoma Files Suit Challenging New Mexico’s Attempt
The Pueblo of Acoma (Acoma) purchased two tracts of land in Cibola County, New Mexico, and owns the property in fee simple title. Continue Reading
- Final Rule Issued Treating Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act
The Environmental Protection Agency issued a final rule, which will be published in 40 C.F.R. Part 130, allowing tribes to be treated in a similar manner as States (TAS) for purposes of Section 303(d) of the Clean Water Act. Continue Reading
- Supreme Court Grants Certiorari in Lewis v. Clarke
Certiorari was granted in Lewis v. Clarke on the question of “whether the sovereign immunity of an Indian tribe bars individual-capacity damages actions against tribal employees for torts committed within the scope of their employment.” No. 15-1500. Continue Reading
- Notes From a Recent Government-to-Government Listening Session
In the first article in this edition of the Watch, we discussed the listening sessions scheduled by the federal government to discuss its consultation obligations. Continue Reading
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