Motion for Leave to File, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 12 (April 22, 2020)

Summary

Consented Motion for Leave to File Brief of Amici Curiae in Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-1002 (APM), filed April 22, 2020. The movants are the Alaska Native Village Corporation Association (ANVCA) and ANCSA Regional Association (ARA), which move under Local Civil Rule 7(o)(2). They describe themselves as organizations that represent, protect, and advocate for Alaska Native interests. The motion states that counsel requested permission from the plaintiffs and the Department of Justice and that permission was granted. Christine V. Williams of Outlook Law LLC signs for the amici, with pro hac vice applications pending.

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“Motion for Leave to File, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 12 (April 22, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-leave-to-file-confederated-tribes-of-the-chehalis-reservati-8797813bcb/, SHA-256 3cf727b696c2f37926f6d0408ae341f533e973646e0037750e7f74e169d0f27a.

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Case 1:20-cv-01002-APM Document 12 Filed 04/22/20 Page 1 of 7

Christine V. Williams
1
J. Harrison Powell, II
2 Outlook Law LLC
Attorneys for Amici Curiae
3 1016 West 6th Avenue, Suite 306
Anchorage, Alaska 99501
4
(907) 258-2200
5 christinewilliams@outlooklaw.com
harrisonpowell@outlooklaw.com
6 pro hac vice applications pending
7
filed with licensed DC attorney due to plaintiffs' late filed action

8 UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
9

10 CONFEDERATED TRIBES OF THE
CHEHALIS RESERVATION, et al.,
11
PLAINTIFFS,
12

13 v.

14 STEVEN MNUCHIN, SECRETARY, UNITED
15
STATES DEPARTMENT OF THE
TREASURY,
16
DEFENDANT.
17

18
Case No. 1:20-cv-1002 (APM)

19 CONSENTED MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE
20
The Alaska Native Village Corporation Association ("ANVCA") and ANCSA Regional
21
Association ("ARA"), collectively Amici Curiae, by and through counsel, hereby respectfully
22
submit this Motion for Leave to file its Brief of Amici Curiae in accordance with Local Civil
23

24 Rule 7(o)(2), which states, in part:

25 A motion for leave to file an amicus brief shall concisely state the nature of the
movant's interest; identify the party or parties supported, if any; and set forth the
26
reasons why an amicus brief is desirable, why the movant’s position is not
27 adequately represented by a party, and why the matters asserted are relevant to the
disposition of the case. The motion shall state the position of each party as to the
28 filing of such a brief and be accompanied by a proposed order.

Consented Motion for Leave to File Brief of Amici Curiae - 1
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 12 Filed 04/22/20 Page 2 of 7

1
A proposed order regarding this motion is filed herewith. Counsel for Amici Curiae requested
2
permission from the plaintiffs and the Department of Justice and such permission was granted.
3
Interests of Amici Curiae
4

5 ANVCA and ARA are organizations that represent, protect, and advocate for Alaska

6 Native interests. These organizations represent Alaska Native people through the Congressional
7
mandates of the Alaska Native Claim Settlement Act ("ANCSA") through Alaska Native
8
Corporations ("ANCs").
9

10
ANVCA is a non-profit corporation formed in 2010 that has no parent corporation and

11 issues no stock. Its mission is to promote the success of Alaska Native village corporations and
12
protection of Alaska Native lands. ANVCA represents the 177 Alaska Native
13
village corporations that were formed under the Alaska Native Claims Settlement Act (ANCSA),
14
43 U.S.C. § 1601 et seq. The purpose of which ANVCA was formed is to provide services that
15

16 will improve success, efficiency, profitability and stability to its member corporations; advocate

17 for policies that will benefit and protect the interest of Alaska Native Village Corporations with
18
local, state and federal governments; provide an officially recognized voice for the interests of
19
Alaska Native Village Corporations; provide a network of mutual support and technical
20
assistance that will enhance the success of all Alaska Native Village Corporations and their
21

22 shareholders; encourage a mutually respectful and cooperative relationship with Alaska Native

23 Regional Corporations, tribal entities and other businesses for the overall benefit of Native
24
peoples; and promote a positive image of our corporations with our shareholders, Native children
25
and the general public.
26

27
ARA is a non-profit association that has no parent corporation, issues no stock, and no

28 publicly held corporation owns more than 10 percent of its stock. Their mission is to promote

Consented Motion for Leave to File Brief of Amici Curiae - 2
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 12 Filed 04/22/20 Page 3 of 7

and foster continued growth and economic strength of the Alaska Native Regional Corporations
1

2 on behalf of their Alaska Native shareholders. The member corporations are owned by over

3 130,000 Alaska Native people and were formed under the Alaska Native Claims Settlement Act
4
(ANCSA), 43 U.S.C. § 1601 et seq.
5
ANVCA and ARA are familiar with the treaty, jurisprudence, and legislative impacts
6

7
made upon them and their member groups throughout history, including the time before

8 ANCSA. They are the parties who will be directly and negatively affected if this Court rules in
9 favor of Plaintiffs.
10
Amici Submits its Brief Independently.
11
Due to the expedited briefing schedule and anticipated filings yet to be reviewed, Amici
12

13 submits its brief independently.

14 Amici Have Valuable Knowledge Regarding Unique Issues Related to ANCs and Federal
Legislation.
15

16 An amicus brief should normally be allowed when the amicus has unique information or

17 perspective that can help the Court beyond the help that the lawyers for the parties are able to
18
provide.1 In this case, Amici can provide valuable knowledge on the history, legislative intent,
19
and unique Federal status of ANCSA and ANCs that will likely not be adequately briefed by the
20
parties. In this way, Amici may provide unique perspective on the rights of the Alaska Native
21

22 peoples through the Federal formation of ANCs through ANCSA.

23 This unique understanding of the Indian law as it applies to the indigenous Alaska Native
24
people, ANCSA, and ANCs, is lacking and being directly attacked by plaintiffs in this case.
25

28
1
See, Jin v. Ministry of State Security, 557 F. Supp. 2d 131, 137 (D.C.C. 2008).

Consented Motion for Leave to File Brief of Amici Curiae - 3
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
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Such misunderstandings of the interwoven fabric of how Alaska tribes and ANCs work together
1

2 is evident through the late filed but voluminous pleadings filed by plaintiffs.

3 Accordingly, Amici respectfully request leave to file its brief for the benefit of the Court
4
in making its decision.
5
Conclusion
6

7
It would benefit the Court to hear the perspective of ANCs, who not only have valuable

8 knowledge to share with the Court, but are also the parties that suffer irreparable harm if the
9 plaintiffs prevail.
10
For the reasons stated above, and because the parties do not object to the filing of an
11
amici curiae brief, the undersigned respectfully requests leave to file its Brief of Amici Curiae.
12

13 Dated this 22nd day of April, 2020.
/s/ Christine V. Williams
14 Alaska Bar No. 0204007

15
/s/ J. Harrison Powell, II
Virginia Bar No. 86308
16
OUTLOOK LAW, LLC
17
1016 West 6th Avenue, Suite 306
18 Anchorage, Alaska 99501
(907) 258-2200
19 christinewilliams@outlooklaw.com
20
harrisonpowell@outlooklaw.com

21 Attorneys for the above referenced
Amici Curiae
22

Consented Motion for Leave to File Brief of Amici Curiae - 4
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 12 Filed 04/22/20 Page 5 of 7

1 /s/ William K. Walker
Sponsoring Attorney2
2 DC Bar No. 477414
3
Walker Reausaw
800 Connecticut Ave., Suite 300
4 Washington DC 20006
202-857-7910 (Voice/Fax)
5 202-329-1123 (Cell)
6
wkw@att.net

27 2
Under the advice by the US District Court Clerk on April 22, 2020, a sponsoring pro hac vice
28 attorney is not required to appear in the instant case. However, in an abundance of caution, the
Sponsoring Attorney is named here on behalf of the pending pro hac vice applicants.

Consented Motion for Leave to File Brief of Amici Curiae - 5
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 12 Filed 04/22/20 Page 6 of 7

CERTIFICATE REQUIRED BY LCvR 26.1 OF THE LOCAL RULES OF THE UNITED
1
STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
2
I, the undersigned counsel for the organizations listed above, certify that to the best of my
3
knowledge and belief, the organizations do not have any outstanding securities in the hands of
4

5 the public.

6 Dated this 22nd day of April, 2020. /s/ Christine V. Williams
Alaska Bar No. 0204007
7

Consented Motion for Leave to File Brief of Amici Curiae - 6
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)
Case 1:20-cv-01002-APM Document 12 Filed 04/22/20 Page 7 of 7

CERTIFICATE OF SERVICE
1

2 The undersigned certifies that on the 22nd day of April 2020, a true and correct copy of

3 the Consented Motion for Leave to File Brief of Amici Curiae, proposed Order, and Brief of
4
Amicus Curiae was served by email and that this was filed with CM/ECF to also serve parties on
5
the record. The courtesy service by email is for the following, who were also served with a
6

7
courtesy Notice of Intent to File:

8 Jason C. Lynch Riyaz A. Kanji
United States Department of Justice Civil Division 303 Detroit Street, Suite 400
9 Federal Programs Branch Ann Arbor, MI 48104
10
1100 L Street NW, Rm. 11214 rkanji@kanjikatzen.com
Washington, DC 20005
11 Jason.Lynch@usdoj.gov
12
Lisa Koop Gunn Kaighn Smith, Jr.
13 Tulalip Tribes, Office of the Reservation Attorney DRUMMOND WOODSUM
6406 Marine Drive 84 Marginal Way, Suite 600
14 Tulalip, WA 98271 Portland, ME 04101
lkoop@tulaliptribes-nsn.gov ksmith@dwmlaw.com
15

16 Cory J. Albright Harold Chesnin
811 1st Avenue, Suite 630 420 Howanut Road
17 Seattle, WA 98104 Oakville, WA 98568
calbright@kanjikatzen.com hchesnin@chehalistribe.org
18

20 By: /s/ Christine V. Williams
OUTLOOK LAW, LLC
21

Consented Motion for Leave to File Brief of Amici Curiae - 7
Confederated Tribes, et al. v. Mnuchin, Secretary, U.S. Dept. of Treasury
Case No. 1:20-cv-1002 (APM)

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