indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Opinion: Treaties support tribes in Wisconsin mining debacle

Filed Under: Environment | Law | Opinion
More on: bad river, brian pierson, mining, ojibwe, treaties, wisconsin
     


Bad River Band of Lake Superior Chippewa Chairman Mike Wiggins Jr. Photo © Associated Press

Attorney Brian Pierson weighs in on the mining bill that just passed the Wisconsin Legislature over the objections of tribes:
The Wisconsin Legislature has approved amendments to Wisconsin law intended to pave the way for Gogebic Taconite to mine iron ore in the Penokee Hills of Ashland County. Wisconsin's tribes have been outspoken in their opposition. The Bad River Chippewa, whose reservation lies directly in the path of any mine runoff, has been especially vocal.

The six Chippewa tribes have asserted that their treaties with the federal government give them special status and entitle their concerns to greater weight. They are right.

By the 1842 treaty at La Pointe, the Chippewa ceded to the United States approximately 12 million acres, including the Penokee Hills, receiving in return an amount that the Indian Claims Commission later called "unconscionable." A treaty, the Supreme Court observed in United States vs. Winans, is "not a grant of rights to the Indians, but a grant of right from them - a reservation of those not granted." In the 1842 treaty, the Chippewa reserved "usufructuary" rights in the territory they ceded, including the right to hunt, fish, trap, harvest wild rice and engage in other activities to make a living from the land.

The survival of the usufructuary rights reserved in the 1842 treaty was confirmed by the federal courts in the lengthy Voigt litigation. Pursuant to Article VI of the U.S. Constitution, federal laws and treaties are "supreme." The State of Wisconsin cannot legislatively undo them. As Federal District Judge Barbara Crabb stated in her 1991 final judgment, the state may regulate the exercise of the Chippewa's usufructuary rights "only in the interest of conservation and in the interest of public health and safety."

Get the Story:
Brian Pierson: Iron mine's fate may hinge on 19th century treaties (The Milwaukee Journal Sentinel 3/8)

Also Today:
Wisconsin Assembly passes sweeping measure aimed at helping company open giant iron mine (AP 3/7)
Bad River tribe prepares to fight new mining law (WTAW 3/8)

Related Stories:
Wisconsin Senate approves mining bill despite tribal protests (2/28)
Column: Mine plan would harm a way of life for Bad River Band (02/14)
Bad River Band emerges as strong opponent in mining battle (02/13)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Indigenous activists reclaim nation's capital in defiance of Trump (4/28)
Cheyenne River Sioux Tribe ends appeal in Dakota Access lawsuit (4/28)
Ute Tribe demands 'voice' as Trump orders review of Bears Ears (4/28)
Senate panel takes up bill to bring AMBER Alert funding to tribes (4/28)
Gun Lake Tribe prepares for grand opening of casino expansion (4/28)
Arne Vainio: We lost a fluent Ojibwe speaker in Larry Smallwood (4/28)
Native Sun News Today: Runners from Standing Rock head to Ohio (4/28)
James Giago Davies: People tell me it's better to read about pets (4/28)
Harold Monteau: Supreme Court stirs smelly pot of fish head stew (4/28)
Steven Newcomb: 'Picking Fights' book is a must-read for Natives (4/28)
Whiteclay liquor stores must close temporarily amid court battle (4/28)
Disputed leaders of Nooksack Tribe hit by Supreme Court decision (4/27)
Indigenous activists make presence known for climate march in DC (4/27)
Interior Department announces $5.7M in tribal preservation grants (4/27)
Mark Trahant: Senate candidate cites Standing Rock as 'awakening' (4/27)
Native Sun News Today: Battle over Whiteclay liquor just beginning (4/27)
Ivan Star Comes Out: Why are we still dealing with racism today? (4/27)
Albert Bender: Navajo family still waiting on justice for loved one (4/27)
Whiteclay liquor stores win surprise court ruling on liquor licenses (4/27)
Dakota Access firm faces fines for two spills of drilling fluid in Ohio (4/27)
Gathering of Nations gets ready for annual powwow in new venue (4/27)
Secretary Zinke lacks leadership team more than a month into job (4/27)
Republicans seek to avoid shutdown with temporary spending bill (4/27)
Supreme Court ruling seen as benefit to casino bus crash lawsuit (4/27)
Mashantucket Tribe charges off-duty officer for assault at casino (4/27)
Trump singles out Bears Ears as an 'abuse' of government's power (4/26)
Doug George-Kanentiio: Let's call Columbus by what he truly was (4/26)
Native Sun News Today: Lakota youth set up beekeeping business (4/26)
Cronkite News: Trump seeks to hire thousands of border officers (4/26)
Doug Pibel: New film teaches us about value of indigenous seeds (4/26)
Jenn Weddle: 'Best possible result' from court in sovereignty case (4/26)
Peter d'Errico: Oneida architect offers indigenous approach to law (4/26)
Whiteclay liquor stores aim to stay open pending fight for licenses (4/26)
Support for Standing Rock Sioux Tribe leads to recall in Alaska city (4/26)
Mishewal Wappo Tribe loses appeal in federal recognition lawsuit (4/26)
Police use tear gas & rubber bullets at indigenous protest in Brazil (4/26)
Mohegan Tribe wants gaming disputes resolved in judicial system (4/26)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.