October 23, 2024

Indian Law Bulletins Updated 10/23/2024

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Jackson v. Fort Peck Tribes (Indian Status)
  • Thibault v. Mashantucket Pequot Gaming Enterprise (Negligence and Liability; Comparative Negligence; Damages)
  • Galloway v. Mashantucket Pequot Tribal Nation (Board of Review; Employment Appeal)
  • Vilar v. Mashantucket Pequot Gaming Enterprise (Hotel and Innkeepers Liability Law; Summary Judgment)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Tribal Request for Reconsideration Hearing (HHS)
  • Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2024 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors (Commerce)
  • 60-Day Notice of Proposed Information Collection: Application for the Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages; OMB Control No.: 2577-0191 (HUD)
  • Subsistence Management Regulations for Public Lands in Alaska-Subpart B, Federal Subsistence Board Membership (Interior)
  • Information Collection: Tribal Participation in the Advance Notification Program (Nuclear Regulatory Commission)
  • Indigenous Peoples' Day, 2024 (Presidential Proclamation)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

  • Settlement enshrines Jemez Pueblo's rights to use part of the Valles Caldera for cultural practices
  • 2 years in, Washington’s alert system for missing Indigenous people is working
  • What's at stake for Native American voters in the upcoming election?
  • Rappahannock tribal constitution recognizes the rights of the Rappahannock River
  • Biden administration weighs establishing sacred Indigenous site in Arctic refuge after request from Tribes

October 16, 2024

Indian Law Bulletins Updated 10/16/2024

U.S. Supreme Court Bulletin
https://sct.narf.org/termindexes/october2024.html

Beginning with the October 2024 Supreme Court term, the Indian Law Bulletins will link to the Tribal Supreme Court Project website for cert granted, pending, and denied cases. When a case is decided, the opinion will be posted on the Indian Law Bulletins page.

One petition for certiorari was filed on 9/25/24:

  • San Carlos Apache Tribe v. Arizona, et al. (24-349)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • United States v. Guinn (Major Crimes Act; Indian Status; Judicial Notice)
  • Muscogee (Creek) Nation, et al. v. Rollin, et al. (Cultural Resources; Sovereign Immunity)
  • United States v. Little (McGirt v. Oklahoma; Good Faith Exception to the Exclusionary Rule)
  • Hualapai Indian Tribe v. Haaland, et al. (Amicus Participation; Mi Familia Vota v. Hobbs)
  • Village of Dot Lake v. United States Army Corps of Engineers, et al. (Administrative Procedures Act; Motion to Intervene)
  • Holley, et al. v. The United States Department of the Interior, et al. (Stay of Administrative Proceedings; Intra-Tribal Dispute)
  • Dunn v. Global Trust Management, LLC, et al. (Arbitration Agreement; Tribal Law)
  • United States v. Harper (Major Crimes Act; Indian Status)
  • Comanche Nation v. Dept. of the Interior, et al. (Tribal Gaming Compact; Subject Matter Jurisdiction; Preliminary Injunction)
  • Comanche Nation v. Dept. of the Interior, et al. (Tribal Gaming Compact; Standing; Motion to Dismiss)
  • California Valley Miwok Tribe, et al. v. Haaland, et al. (Federal Recognition; Tribal Membership; Preliminary Injunction)
  • United States v. DeQuattro, et al. (Bribery; Tribal Agent; Tribal Sovereign Immunity)
  • United States v. Town of Lac du Flambeau, et al. (Allotment; Right-of-Way Easement; Power to Exclude)
  • Cherokee Nation v. Department of Interior (Trust Relationship; Trust Accounting)
  • Channing, et al. v. Seneca-Cayuga Nation, et al. (Administrative Procedures Act; Secretarial Election)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Matter of Welfare of J.A.D. (Indian Child Welfare Act; Tribal Sovereign Immunity)
  • O'Brien v. Delaplain (Indian Child Welfare Act; Jurisdiction)
  • C.K.T. v. State (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

  • S.5227 - A bill to reaffirm and clarify the Federal relationships of the Grand River Bands of Ottawa Indians of Michigan as a federally recognized Indian tribe, and for other purposes.
  • S.5253 - A bill to amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and marine mammal ivory products, and for other purposes.
  • S.5258 - A bill to amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.
  • S.5265 - A bill to take certain land into trust for the benefit of the Tonto Apache Tribe, and for other purposes.
  • S.5273 - A bill to take certain land in the State of Washington into trust for the benefit of the Quinault Indian Nation, and for other purposes.
  • S.5287 - A bill to take certain Federal land in the State of Washington into trust for the Lower Elwha Klallam Tribe, and for other purposes.
  • H.R.9789 - To direct the Secretary of the Interior to take into trust for the benefit of the San Felipe Pueblo certain Federal land in Sandoval County, New Mexico, and for other purposes.
  • H.R.9887 - To assist Indian Tribes in protecting Native American seeds.
  • H.R.9915 - To permanently extend the first right of refusal for the purchase of Tribal assets, and for other purposes.
  • S.Res.851 - A resolution designating November 2, 2024, as "National Bison Day".
  • H.Res.1526 - Recognizing the week of September 30th as "National Orange Shirt Week" or "National Week of Remembrance", which aims to honor those who were forced to attend Indian boarding schools, and to recognize the experience of Indian boarding school victims and survivors.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Entities Wholly Owned by Indian Tribal Governments (Treasury)
  • Health and Human Services Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (HHS)
  • Alliance for Tribal Clean Energy; Notice of Tribal Consultation (Energy)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • The "ceremonial use" defense to infringement of psychedelic patents.
  • CCS in the checkerboard west: Lessons on how to move with the federal government on the board.
  • Exceptionalism and assimilationism in federal Indian law.
  • Implementing special tribal criminal jurisdiction: The who, what, and why for the Nez Perce Tribe and its partners.
  • Indigenous copyright concepts and Indigenous data sovereignty: How libraries and archives can support it.
  • Intellectual property, genetic resources, and associated traditional knowledge.
  • Removed from the reservation: Examining due process implications of tribal jail transfers following McGirt.
  • Restorative justice for international traditional cultural expression ownership disputes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

  • 'Logistical nightmare': Inside the barriers Native Americans face at the ballot box
  • Native voters could swing Arizona. Both parties want their votes
  • Standing Rock Sioux Tribe files new lawsuit over DAPL; questions raised over drilling mud
  • Big day for Bears Ears: Appeals court hears arguments in case challenging Utah national monuments
  • Now available: The Indigenous Peoples' guide to the United Nations

September 25, 2024

Indian Law Bulletins Updated 09/25/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Channing, et al. v. Seneca-Cayuga Nation, et al. (Indian Civil Rights Act; Writ of Habeas Corpus; Tribal Exhaustion)
  • Calamar Construction Services, Inc. v. Mashpee Wampanoag Village Limited Partnership, et al. (Diversity Jurisdiction; Stateless Party)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Muscogee (Creek) Nation v. Paddlety (Muscogee (Creek) Nation Constitution; Oklahoma's "Stand your Ground" law)
  • Sharp v. Sault Tribe Housing Authority (Landlord/Tenant; Eviction)
  • Hatch v. Election Commission of the Sault Ste. Marie Tribe of Chippewa Indians (Tribal Election Contest; Jurisdiction; Election Ordinance)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • In the matter of V.J.R. (Indian Child Welfare Act)
  • Hoffman v. Hollow Horn (Fee Land)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

  • S.5115 - A bill to support Tribal co-stewardship, restore and protect bison, grizzly bear, and wolf populations, and for other purposes.
  • H.R.9695 - To support Tribal co-stewardship, restore and protect bison, grizzly bear, and wolf populations, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Expanded Burial Benefits (Veterans Affairs)
  • Asian American and Native American Pacific Islander-Serving Institutions Week, 2024 (Presidential Proclamation)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • Finding a pathway.
  • Review of law in the 50 states in 2023: ICWA survives and state courts tackle thorny jurisdictional issues.
  • Rights of nature: The Indigenous-led movement for sovereignty and a sustainable future.
  • Statutes and special interests.
  • Subsistence as resistance: Implications of an Alaskan cultural practice to property theory.
  • Trial by ambush: The prosecution of Indians in federal court.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

  • Challenge to Antiquities Act threatens wildlife, Indigenous sites, cherished lands
  • Oklahoma Supreme Court takes up Indian eviction case
  • Announcing an historic data sharing agreement between Census Bureau and Osage Nation
  • The Smoky Mountains’ highest peak returns to Native American name
  • Why aren’t Tribal Nations installing more green energy? Blame ‘white tape.’