New England Legal Foundation
  • Home
  • About
    • Mission & History
    • Annual Reports
    • Board of Directors
    • State Advisory Councils >
      • Connecticut
      • Maine
      • Massachusetts
      • New Hampshire
      • Rhode Island
      • Vermont
    • Trustees
    • Members
    • Staff
    • Job & Internship Opportunities
  • News & Events
  • Docket
  • Briefs
  • Donate
  • Contact

Great Northern Paper, Inc. v. Penobscot Nation

5/1/2001

 
Urging that Indian Tribes are Subject to Maine's Freedom of Access Act When Acting in a Municipal Capacity

This appeal to the Maine Law Court arose out of the attempt by three paper companies to gain access to documents of the Penobscot Nation and the Passamaquoddy Tribe (collectively the "Tribes") through Maine's Freedom of Access Act ("FOAA"). The FOAA request was made after the companies learned that the Tribes had applied to the EPA for "Treatment as a State" status under Clean Water Act. The companies sought documents related to the Tribes' attempts to regulate water quality and to obtain permitting authority under the Clean Water Act. The FOAA defines "public records" as all records "in the possession or custody of an agency or public official of this State or any of its political subdivisions . . . [that] ha[ve] been received or prepared for use in connection with the transaction of public or governmental business or contain[] information relating to the transaction of public or governmental business" with several specific exceptions, none of which are relevant to this case. The Tribes rejected the request and contended that FOAA did not apply to them because, if it did, it "would constitute state interference with internal tribal affairs." The paper companies sued. The Superior Court held that, under the federal and state statutes governing the settlement of the Maine Indian land claims, when the Tribes act as "municipalities" of Maine, "they are reachable under state and federal law, but when they function as a tribe as to internal matters they are not." Using analyses adopted by the First Circuit and the Law Court, the Superior Court concluded that the requested records did not relate to "inner-workings of the tribes." The Court, accordingly, ordered production of the requested documents. The Tribes appealed. 

NELF filed an amicus brief in the Law Court on behalf of numerous Maine municipalities and several municipal water districts that would be affected by the Tribe's regulation of water quality outside of Indian land. The NELF brief argued that, when the Tribes act to regulate conduct and activities outside of Indian land, they act in their municipal capacity and are, therefore, subject to the requirements of FOAA. The Law Court agreed and held that the Tribes act in their municipal capacity when they "interact with persons or entities other than their tribal membership, such as the state or federal government." The Court, accordingly, held that "the Tribes' communications with the federal government or the state in the context of their water quality authority are not matters ‘internal' to the Tribes, and are subject to the public records provisions of" FOAA. The Court also held that the "Tribes are ordinarily acting with regard to internal tribal matters when they are engaged in the deliberative processes of self-government," and, therefore, minutes of tribal council meetings are not public records.

    The Docket

    To obtain a copy of any of NELF's briefs, contact us at info@nelfonline.org.

    Categories

    All
    1st Circuit Court Of Appeals
    2nd Circuit Court Of Appeals
    3rd Circuit Court Of Appeals
    Business Litigation Session
    CT
    CT Superior Court
    CT Supreme Court
    Employer Employee Relationships
    February 2018
    February 2019
    Government Regulation/Administration Of Justice
    MA
    MA Appeals Court
    MA Division Of Administrative Law Appeals
    March 2015
    MA Superior Court
    MA Supreme Judicial Court
    MA US District Court
    ME
    ME Supreme Judicial Court
    NH
    NH Supreme Court
    Property Rights
    RI
    RI Supreme Court
    SCOTUS
    United States Supreme Court
    US Court Of Appeals Federal Circuit
    US District Court ME
    VT
    VT Supreme Court

    RSS Feed

    Archives

    June 2019
    April 2019
    October 2018
    June 2018
    February 2018
    October 2017
    October 2016
    June 2016
    February 2016
    October 2015
    June 2015
    March 2015
    October 2014
    June 2014
    February 2014
    October 2013
    June 2013
    February 2013
    October 2012
    June 2012
    February 2012
    October 2011
    June 2011
    February 2011
    October 2010
    June 2010
    February 2010
    October 2009
    February 2009
    October 2008
    June 2008
    February 2008
    October 2007
    June 2007
    October 2006
    June 2006
    February 2006
    October 2005
    June 2005
    February 2005
    October 2004
    June 2004
    February 2004
    October 2003
    May 2003
    February 2003
    September 2002
    May 2002
    February 2002
    May 2001