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Hoopa Valley Tribe Excoriates Biden Administration For Continuing to Defend Trump-Era Changes to Trinity River Environmental Restoration
Press release from the Hoopa Valley Tribe:
Biden’s Justice Department Revives Trump Administration Assault on Tribal Water Rights.
Hoopa Valley Tribe’s Trinity River Fishery Once Again Falls Prey to Central Valley Water Barons.
Subordinate officials in the Biden Administration’s Justice and Interior Departments announced today
that they will defend the Trump administration’s water policies that imperil the rights of the Hoopa Valley
Tribe in California’s Trinity River basin and ignore overwhelming evidence of financial misconduct that
will cost the Federal Taxpayers at least $400 million (see attached).
Friday, January 29, 2021
In
Mitchell v. Bailey, 2020 WL 7329219 (5th Cir. 2020), the Hoopa Valley Tribe (Hoopa Valley) had created the AmeriCorps Hoopa Tribal Civilian Community Corps (Tribal CCC) with a federal grant. Following severe floods and the resulting federal disaster declaration covering certain Texas counties, several AmeriCorps Disaster Response Teams, including Hoopa Tribal CCC, were deployed to Wimberley, Texas. Mitchell, a non-Indian resident of Texas, was injured while participating in the Wimberley disaster relief efforts, allegedly as a result of negligence caused by Bailey, a member of the Hoopa Tribal CCC. Mitchell sued Bailey and the Hoopa Valley Tribe for violations of state tort and contract law. The District Court, ruling on a 12(b)(1) motion to dismiss, held that sovereign immunity barred suit against Bailey, in his official capacity, and the Hoopa Valley Tribe, and dismissed the claims asserted against these parties with prejudice. The Fifth Ci