Legal action
Protecting Wild Rice & Defending Tribal Treaty Rights
Case Status: Active
MEA is representing the Menominee Indian Tribe of Wisconsin in a legal challenge aimed at preventing the application of a potent herbicide that may cause long-term damage to wild rice beds within the Menominee Reservation and interfere with the exercise of the Tribe’s treaty rights.
CASE SUMMARY
MEA is representing the Menominee Indian Tribe of Wisconsin (MITW) in a legal challenge aimed at preventing the application of a potent herbicide on more than 30 acres of Legend Lake within the Menominee Indian Reservation.
This spring, the local lake association applied for and received a permit from the Wisconsin Department of Natural Resources (DNR) for the chemical treatment of Eurasian Watermilfoil with an herbicide called ProcellaCOR. This relatively novel herbicide is not well-studied, and initial research suggests it may cause long-term harm to wild rice and fish communities in the early growth and life stages.
The permit was issued before consulting the Tribe, despite the fact that MITW Chairman Awonohopay requested consultation beforehand.
The Tribe’s connection to wild rice and its interest in managing Legend Lake cannot be overstated; “Menominee” translates to “Wild Rice People.” Wild rice has historically grown, and is presently growing, in the waters where Legend Lake now exists. Tribal members also spear fish on Legend Lake, a cultural practice which is protected by treaty-reserved rights.
On April 18, MEA filed a legal action on behalf of the Menominee Tribe challenging the permit. On May 5, the DNR granted our petition for a contested case hearing as well as the Tribe’s request that the permit be suspended pending the outcome of our legal action.
UNDERSTANDING TRIBAL SOVEREIGNTY
The United States Constitution recognizes the sovereignty of Native Nations alongside states, the federal government, and foreign nations. Native Nations have the sovereign authority to protect and enhance the health, safety, and welfare of their citizens and territory.
INHERENT AUTHORITY
In the state of Wisconsin, 11 Native Nations have a formal government-to-government relationship with the U.S. federal government. One additional Native Nation, the Brothertown Indian Nation, is no longer federally recognized. However, its Tribal leaders seek to regain federal recognition and restore a government-to-government relationship with the U.S.
FEDERAL & STATE CONSULTATION
The political relationship between Native Nations and the U.S. government includes the duty to consult. Generally, consultation refers to the process where a non-Tribal government and a Native Nation engage in a decision-making process where Tribal interests may be implicated.
The federal consultation duty originates in the federal trust obligation owed to Tribal governments and citizens, as established by treaties, acts of Congress, and the fact that the federal government holds lands and resources in trust for Native Nations and Tribal members.
On the state level, there are two executive orders that affirm a government-to-government relationship between Wisconsin and those Native Nations whose reservations overlap the state:
- Gov. Doyle, Executive Order #39
- Gov. Evers, Executive Order #18
