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“Alberta Clipper Pipeline” appeal filed in Leech Lake Tribal Court
Media Releases | | March 05, 2010
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“As Tribal Members, it is our goal to protect our ancestral tribal lands as well as protect and promote our rights as members of the Leech Lake Band of Ojibwe,” stated Harry Greene, Leech Lake Member and plaintiff.
On May 14, 2009, the Leech Lake Business Committee passed Leech Lake Resolution 2009-170, allowing Enbridge to install an additional two pipelines across the Leech Lake Reservation.
“The expansion of the pipeline across the Leech Lake Reservation directly impacts the rights of all Leech Lake Tribal Members because it has a direct impact on Leech Lake Tribal Lands and Waters.”, states Elizabeth Sherman, Leech Lake Member and plaintiff.
Accordingly, concerned Leech Lake Tribal Members started a petition process to require the Leech Lake Reservation Business Committee to have a referendum vote on Leech Lake Resolution 2009-170. The Minnesota Chippewa Tribe Constitution unequivocally states under Article XIV section 2 that the “Reservation Business Committee upon receipt of a petition signed by 20 percent of the resident voters of the Reservation …. Shall submit any enacted or proposed resolution or ordinance of the Reservation Business Committee to a referendum of the eligible voters of the Reservation.”
A petition was then submitted to the Leech Lake Reservation Business Committee on July 22, 2009. On September 18, 2009, the Leech Lake Reservation Business Committee rejected the petition and indicated that there would not be a referendum vote in relation to the Enbridge Energy pipeline.
A lawsuit was then filed by the Leech Lake Tribal Members, whose petition had been rejected, to enforce their right to have a referendum vote in opposition to the Enbridge Energy pipeline.
February 15, 2010, Leech Lake Tribal Judge, B.J. Jones, unilaterally amended the Minnesota Chippewa Tribal Constitution by creating a legal fiction in which he made the additional requirement of differentiating between a legislative resolution or ordinance and an administrative resolution or ordinance. Judge Jones dismissed the Plaintiff’s lawsuit by stating that the petitioners did not have a Minnesota Chippewa Tribe Constitutional right to subject the RBC administrative resolution to a referendum. Thus, there was no vote on the referendum.
“All the Leech Lake Tribal Members, who signed the petition for a referendum, have been deprived of their rights and due process protected by the United States Constitution and the Minnesota Chippewa Tribe Constitution.”, states Sandy Nichols, Leech Lake member and plaintiff.
Today, an appeal of Judge Jones Order was filed and is currently pending in the Leech Lake Appeals Court.
Contact: Marty Cobenais
Indigenous Environmental Network (218) 760-0284 martyc@ienearth.orgTagged with: pipeline, alberta clipper, indigenous environmental network, lawsuit, leech lake tribe
