January 11, 2019

NILL added new content to the Indian Law Bulletins on 1/10/19

Seal of the Osage Nation

U.S. Supreme Court Bulletin
Petitions for certiorari were denied in the following on 1/7/19:
  • Stand Up for California! v. U.S. Dep’t of the Interior
  • Harvey, et al., v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al.
  • Osage Wind, LLC, et al. v. United States
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
  • The Tribal Franchise: An expression of tribal sovereignty and a potential solution to the problem of mass disenrollment.
  • August 2017-August 2018 case law on American Indians.
  • Rethinking the Federal Indian Status Test: A look at the Supreme Court's classification of the Freedmen of the Five Civilized Tribes of Oklahoma.
  • The colorful truth: The reality of Indigenous overrepresentation in juvenile detention in Australia and the United States.
  • Tribal tools & legal levers for halting fossil fuel transport & exports through the Pacific Northwest.
  • The presidential authority to reserve and modify national monuments under the Antiquities Act.
  • Just environmentalism.
Federal Courts Bulletin
  • Brownstone v. Big Sandy Rancheria of Western Mono Indians et. al. (Contracts)
  • HCI Distribution, INC v. Peterson (Tobacco Products - Manufacturing and Distribution)
  • Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency (Tribal Consultation; Clean Water Act; Mining)
  • Seneca Nation v. Cuomo (Easements)
  • Barron v. Alaska Native Tribal Health Consortium (Workplace Harassment; Tribal Sovereign Immunity)
State Courts Bulletin
  • In re Children of Mary J. (Child Custody - Removal of Indian Children)
  • In re Shirley T. (Indian Child Welfare Act - Transfer to Tribal Court)
  • Matter of J.J.C. (Indian Child Welfare Act - Application of)|
  • In re J.Y. (Tribal Customary Adoption)
  • Matter of B.Y. (Indian Child Welfare Act - Termination of Parental Rights )
Tribal Courts Bulletin
Gallaher v. Colville Confederated Tribes (Right to Counsel)

News Bulletin
In the Health & Welfare section, we feature articles about the impacts of the federal shutdown on Indian health services.
U.S. Legislation Bulletin
The following was passed:
  • S.Res. 707: A resolution commemorating the 40th Anniversary of the Indian Child Welfare Act of 1978.
The following were added:
  • S.46: A bill to repeal the Klamath Tribe Judgement Fund Act.
  • H.R.195: To provide full-year appropriations for the Indian Health Service in the event of a partial lapse in appropriations, and for other purposes.
  • S.Res. 707: A resolution commemorating the 40th Anniversary of the Indian Child Welfare Act of 1978.
  • H.R.91: To authorize the Secretary of the Interior to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide affected Columbia River Treaty tribes access to traditional fishing grounds and expends funds on construction of facilities and structures to improve those conditions, and for other purposes.
  • H.R.184: To transfer administrative jurisdiction of certain Federal lands from the United States Army Corps of Engineers to the United States Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska.
  • H.R.274: To authorize, direct, expedite, and facilitate a land exchange in Yavapai County, Arizona, and for other purposes.
  • H.R.312: To reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes.
  • H.R.317: To reaffirm the action of the Secretary of the Interior to take land into trust for the benefit of the Santa Ynez Band of Chumash Mission Indians, and for other purposes.
  • H.R.375: To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
  • H.R.396: To provide for the equitable settlement of certain land disputes regarding land in Illinois, and for other purposes.
Regulatory Bulletin
The Department of the Interior, National Park Service, is requesting nominations for the Native American Graves Protection and Repatriation Review Committee.