Tag: U.S. District Court

U.S. District Court Dismisses Lake Quinault Case

Press Release, Water4fish

TACOMA, WA (5/4/15)—United States District Court Judge Ronald B. Leighton dismissed a lawsuit this afternoon which had been filed in January against the Quinault Indian Nation and the Washington State Department of Natural Resources seeking to revoke ownership of Lake Quinault from the Tribe.

“This quick and explicit ruling was never in doubt,” said Quinault Nation President Fawn Sharp. “As I said back in January, Lake Quinault is undisputedly within the Quinault Reservation. This was a meritless lawsuit. Lake Quinault is sacred to us. It is unquestionably within our Reservation and we take our responsibility to manage it properly very seriously.”

The suit, which was filed by North Quinault Properties LLC, questioned the Tribe’s ownership of the lake. The suit had included DNR for alleged failure to fulfill its management responsibilities. But the challenge actually stemmed from a few local landowners’ reactions to closure of the lake by the Quinault Nation last year, an action taken to protect the lake from pollution problems, invasive species and violation of tribally mandated regulations, said Sharp.

“Our objective is to protect the lake for future generations. We realize it is a popular recreation destination, and we are happy to accommodate those interests, but only as long as the lake is respected and protected at levels we accept,” she said.

“We want to acknowledge the fact that this frivolous lawsuit was brought by a single landowner and that a majority of landowners around the lake understand and support our objectives. They have shown respect for our efforts to reach out to work cooperatively while recognizing the exclusive governing authority of the Tribe. Good public policy among separate and distinct sovereigns requires cooperation, good faith, respect, and, when dealing with tribal nations, an understanding, in principle and practice, that our governing powers long pre-date the United States and its political subdivisions.  I want to publicly thank our neighbors and say that we look forward to strengthening our valuable relationship with them. Working together, as we have been able to do, is the best way we can all assure that Lake Quinault will remain clean, beautiful and available for all citizens for many years to come,” she said.

Judge Leighton issued separate dismissal rulings for the Tribe and the DNR. The Court granted the Tribe’s motion to dismiss based on sovereign immunity. The state dismissal was based on the Eleventh Amendment to the U.S. Constitution.

Senate Confirms First-Ever Native American Woman As Federal Judge

The Senate confirmed Diane Humetewa to the U.S. District Court for the District of Arizona, making her the first-ever Native American woman to serve on the federal bench.
The Senate confirmed Diane Humetewa to the U.S. District Court for the District of Arizona, making her the first-ever Native American woman to serve on the federal bench.

 

Jennifer Bendery, Huffington Post

 

WASHINGTON — The Senate quietly made history on Wednesday night when it confirmed Diane Humetewa as a federal judge — the first Native American woman to ever hold such a post.

Humetewa was confirmed 96-0 to serve on the U.S. District Court for the District of Arizona. She is a former U.S. attorney in Arizona and a member of the Hopi tribe. She is now the first active member of a Native American tribe to serve on the federal bench and only the third Native American in history to do so.

The National Congress of American Indians  celebrated Humetewa’s achievement.

“NCAI greatly appreciates the efforts of the President and Senate in achieving this historic confirmation,” the organization said in a statement. “There are many qualified, talented people like Diane Humetewa in Indian Country who are able and willing to serve. We eagerly anticipate many more nominations of Native people to the federal bench and other offices.”