Tag: Penobscot River

Producer/Host: Meredith DeFrancesco
Issue: Environmental and Social Justice

Program Topic: Penobscot Nation v Mills : Decision at US District Court

Key Discussion Points:

1) Yesterday, US District Court Judge George Singal ruled that the Penosbcot Nation’s reservation does not include the river waters flowing through it.
2) While Judge Singal affirmed the right of individual tribal members to sustenance fishing in the main stem of the Penosbcot River, he sided with the State of Maine in ruling that the Penobscot flowing through tribal territory is not part of the reservation. He based his decision on the State’s interpretation of the controversial Maine Indian Claims Settlement Act,saying if the Act did not explicitly mention the water as part of the territory, then the water is not included. The Tribe holds if they did not explicitly give up their rights to the waterway in the Settlement Act, they did not give it up.
3) In the landmark case, Penobscot Nation v Maine Attornay General Janet Mills, The Penobscot Nation opposed the Maine Attorney General’s Office 2012 opinion that the Penobscot Indian reservation, which includes more than 200 islands in the Penobscot River, does not include any portion of the water. The Penobscot Nation has argued this amounts to a territorial taking by the state and erases their inherent, treaty reserved sustenance fishing rights.

In October, Judge Singal heard oral arguments from Penobscot Nation counsel, counsel for the US Dept of Justice, intervening in the case on behalf of the Penobscot Nation, the Attorney General’s Office’s, and Pierce Atwood counsel which is representing a consortium of pollution dischargers intervening on behalf of the state.

Guest: Sherri Mitchell, member of the Penobscot Tribe, indigenous rights attorney

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Producer/Host: Meredith DeFrancesco
Issue: Environmental and Social Justice

Program Topic: Penobscot Nation v Mills : Reactions to Court Hearing

Key Discussion Points:

1) Yesterday, US District Court Judge George Singal heard oral arguments for Penobscot Nation v Mills in Portland. The Penobscot Nation is opposing the Maine Attorney General’s Office 2012 opinion that the Penobscot Indian reservation, which includes more than 200 islands in the Penobscot River, does not include any portion of the water. The Penobscot Nation argues this amounts to a territorial taking by the state and erases their inherent, treaty reserved sustenance fishing rights.

2) Judge Singal heard oral arguments from Penobscot Nation counsel, counsel for the US Dept of Justice. which is intervening in the case on behalf of the Penobscot Nation, the Attorney General’s Office’s, and Pierce Atwood counsel which is representing a consortium of pollution dischargers intervening on behalf of the state. Both sides have asked the judge for a summary judgement.

3) We also speak with Hugh Curran about the annual Estia Conference on October 23rd at the Hutchinson Center in Belfast. This year the theme is Deep Ecology. Keynotes speakers include Darren Ranco, Maria Girouard and Sherri Mitchell. www.estiamaine.org

Guests:
Kathy Paul, Penobscot
Sherri Mitchell, Penobscot indigenous rights attorney
Chief Kirk Francis, Penobscot Nation
Maria Girouard, Penobscot historian, Dawnland Environmental Defense
Hugh Curran, University of Maine Peace and Reconciliation Studies, Estia Conference organizer

Producer/Host: Meredith DeFrancesco
Issue: Environmental and Social Justice

Program Topic: Penobscot Nation Chief Francis on Penobscot Nation v Mills and Meeting in DC with President Obama

Key Discussion Points:

1) On October 14th, US District Court in Portland will hear oral arguments for Penobscot Nation v Mills.The Penobscot Nation is opposing the 2012 opinion by the Maine Attorney General’s Office that the Penobscot Indian reservation, which includes more than 200 islands in the Penobscot River, does not include any portion of the water, a decision that the Penobscot Nation argues breaks treaties and amounts to a territorial taking by the state.

2) We speak with Chief Francis about the case, and about the separate legal battle concerning the federal EPA decision that, though Maine has the jurisdiction over water quality standards in tribal waters, under the Clean Water Act, state standards are not high enough to protect sustenance fishing.

3) Last week, Chief Francis met with Congressional Representatives and President Obama on both these issues, among others. The US government is currently a legal intervenor in Penobscot Nation v Mills on behalf of the Penobscot Nation.

Guests: Chief Kirk Francis, Penobscot Nation