Wednesday, October 14, 2015

Legal progress, WI, circa 2015: 19th century treaties upheld

With so much law and history in Wisconsin freshly in the ash can - - legal guarantees for unfettered voting, for example, or sensible gun carry, or wetlands and drinking water protections - - it's reassuring to see that a Federal District Court Judge has upheld basic Ojibwe hunting rights in treaties in force since the 1800's that also ceded the timber-and-water-rich northern one-third of the state.

These tribal rights have often been under challenge and outright attack - - from the walleye war to the more recent and failed GTac iron mine proposal - - a scheme I noted nearly three years ago that was going to run head-long into the treaties:

There is no way a bill that would blow off the top of a pristine mountain range, dig deep open pit mines for miles, and pollute the Bad River watershed at the edge of Lake Superior should or could get past Ojibwe - - US Government treaties, the Clean Water Act and the Wisconsin Constitution's Public Trust Doctrine that requires access to and preservation of water be given regulatory preference over private water uses.
Also on the horizon - - a massive pig-feeding operation that will threaten native waters and nearby Lake Superior. 
Chief Red Cloud 
Seriously, Wisconsin - - can we stop being on the wrong side of all that?

3 comments:

Anonymous said...

"There is no way a bill that would blow off the top of a pristine mountain range, dig deep open pit mines for miles, and pollute the Bad River watershed at the edge of Lake Superior should or could get past Ojibwe - - US Government treaties, the Clean Water Act and the Wisconsin Constitution's Public Trust Doctrine that requires access to and preservation of water be given regulatory preference over private water uses."

Tribal rights in the ceded territory under the treaty should also prevent the latest attack........ a CAFO ~8.0 mile southwest of Chequamegon Bay. The threat of pollution from the estimate 8.5 MILLION gallons yearly of pig feces and urine should be seen as a threat to tribal rights in the ceded territories. As well all of the Wisconsin citizens living in Ashland and Bayfield counties.

James Rowen said...

To Anon. 3:37 p.m. Yes, I have written several times about that threat, and added this link to the posting. Thanks for the reminder. http://thepoliticalenvironment.blogspot.com/2015/06/huge-hog-farm-on-tap-near-wisconsins.html

James Rowen said...

To Anon. 3:37 p.m. Yes, I have written several times about that threat, and added this link to the posting. Thanks for the reminder. http://thepoliticalenvironment.blogspot.com/2015/06/huge-hog-farm-on-tap-near-wisconsins.html