Justia Native American Law Opinion Summaries

The case involves the San Carlos Apache Tribe's challenge to the Arizona Department of Environmental Quality's (ADEQ) issuance of a 2017 Permit Renewal to Resolution Copper Mining, LLC (Resolution) for the discharge of water from a copper mine. The Tribe argued that the construction of a new mine shaft (Shaft 10) and other new features at the mine constituted a "new source" under the Clean Water Act (CWA), which would subject the mine to more stringent regulations.Previously, an administrative law judge (ALJ) had determined that ADEQ should have analyzed whether Shaft 10 and the other new features were a "new source" under the CWA before issuing the permit. The Arizona Water Quality Appeals Board remanded the matter to ADEQ, which concluded that Shaft 10 and the new features were "existing sources" under the CWA. The Board affirmed ADEQ's issuance of the 2017 Permit Renewal. The Tribe appealed to the superior court, which affirmed the Board's decision. The court of appeals reversed, concluding that Shaft 10 was a "new source" under the CWA.The Supreme Court of the State of Arizona disagreed with the court of appeals. The court applied a three-step test to determine whether a construction is a "new source" under the CWA. The court found that Shaft 10 was not a "new source" under the CWA because it was integrated with existing infrastructure at the mine and engaged in the same general type of activity as the existing source. The court also found that Shaft 10 did not have a new source performance standard "independently applicable" to it. Therefore, the court concluded that ADEQ acted within its discretion by issuing the 2017 Permit Renewal to Resolution. The court vacated the court of appeals' decision and affirmed the superior court's decision. View "SAN CARLOS APACHE TRIBE v STATE" on Justia Law

The Supreme Court affirmed the order of the superior court denying a tribal entity's motion to dismiss a tort action against it, holding that the tribal entity did not prove it was a subordinate economic organization entitled to share the Indian tribe's sovereign immunity.Sara Fox was seriously injured while rafting on the Colorado River through the Grand Canyon. Fox suffered her injuries on Arizona state land. The rafting boat was operated by Grand Canyon Resort Corporation (GCRC), a tribal corporation whose sole shareholder was a federal recognized Indian tribe, the Hualapai Indian Tribe. Fox and her husband filed suit against GCRC and the Tribe. Defendants moved to dismiss the complaint, arguing that the trial court lacked personal jurisdiction because Defendants possessed sovereign immunity from suit. The trial court dismissed the complaint against the Tribe but declined to dismiss the complaint against GCRC, finding it was not protected by sovereign immunity. The Supreme Court affirmed, holding that GCRC failed to carry its burden to show it was a subordinate economic organization of the Tribe so that a denial of immunity would "appreciably impair" the Tribe's "economic development, cultural autonomy, or self-governance." View "Hwal'Bay Ba: J Enterprises, Inc. v. Honorable Jantzen" on Justia Law

The Supreme Court affirmed the trial court’s judgment in favor of Arizona Snowbowl Resort Limited Partnership (Snowbowl) and the City of Flagstaff on the public nuisance claim brought by the Hopi Tribe, holding that environmental damage to public land with religious, cultural or emotional significance to the plaintiff is not special injury for purposes of the public nuisance doctrine.The Tribe brought a claim of public nuisance based on Snowbowl's use of reclaimed wastewater for snowmaking on Northern Arizona’s San Francisco Peaks. At issue was whether the Hopi sufficiently alleged a “special injury” for an actionable public nuisance claim. The Tribe alleged that it would suffer special injury by the interference with the Tribe’s cultural use of the public wilderness for religious and ceremonial purposes. The trial court ruled that the Tribe failed to satisfy the special injury requirement on the basis of religious or cultural practices. The Supreme Court agreed, holding that while the Tribe sufficiently alleged that the use of reclaimed wastewater on the San Francisco Peaks constituted a public nuisance the Tribe failed to articulate any harm beyond that suffered by the general public. View "Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership" on Justia Law

25 U.S.C. 1911(b) of the Indian Child Welfare Act (ICWA) addresses transfer only of foster care replacement and termination-of-parental-rights actions and does not apply to state preadoptive and adoptive placements.The Department of Child Safety moved to terminate the parental rights of the parents of A.D., a member of the Gila River Indian Community. After the juvenile court terminated the rights of A.D.’s parents the foster parents intervened and filed a petition to adopt A.D. The Community moved to transfer the proceedings to its tribal court under section 1911(b). The juvenile court denied the motion, finding that the foster parents had met their burden of showing that good cause existed under section 1911(b) to deny the motion. The Supreme Court affirmed the juvenile court’s denial of the Community’s motion to transfer, holding that ICWA does not govern the transfer of preadoptive and adoptive placement actions, but state courts may nonetheless transfer such cases involving Indian children to tribal courts. View "Gila River Indian Community v. Department of Child Safety" on Justia Law