November 16, 2022

Indian Law Bulletins Updated 11/16/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Meglitsch v. Southcentral Foundation (Indian Self-Determination and Education Assistance Act; Tribal Organization; Employment)
  • United States v. Jackson and Quileute Nation (Garnishment; Tribal Per Capita Payments)
  • Glacier County Regional Port Authority v. Laurie Esau and Montana Human Rights Bureau (Intervention; Sovereignty; Exercise of Jurisdiction)
  • Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (Tribal Contract Health; Discovery)
  • Oklahoma v. United States Department of the Interior (Surface Mining Control and Reclamation Act; Administrative Procedure Act)
  • Oklahoma v. United States Department of the Interior (Surface Mining Control and Reclamation Act; Administrative Procedure Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • San Carlos Apache Tribe v. State of Arizona, et al. (Clean Water Act; Pollution Discharge Elimination System Permit)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Management Contracts (National Indian Gaming Commission)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.5077 / H.R.9295- A bill to amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Incorporated, is recognized as a Village Corporation under that Act, and for other purposes.
  • S.5087 - A bill to amend the Not Invisible Act of 2019 to extend, and provide additional support for, the activities of the Department of the Interior and the Department of Justice Joint Commission on Reducing Violent Crime Against Indians, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • The role of the law in Native sovereignty : A comparison of Canadian and American approaches to sovereignty.
  • The unfulfilled promise of Indian water rights settlements.
  • Addressing climate impacts in Alaska Native tribes : Legal barriers for community relocation due to thawing permafrost and coastal erosion.
  • Monumental change? Rethinking the role of the courts in the Antiquities Act.
  • Bringing Congress and Indians back into federal Indian law : The Restatement of the Law of American Indians.
  • Tribal sovereignty and economic efficiency versus the courts.
  • Off-reservation treaty hunting rights, the restatement, and the Stevens treaties.

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

This week, in brief:

  • Massachusetts museum returns Wounded Knee artifacts to Sioux Tribes
  • Voters reject sports-betting measures as California tribes rally against non-exclusive online gambling
  • Justices seem to favor most of Indian Child Welfare Act
  • Alaska could see effects of Indian Child Welfare Act challenge heard by Supreme Court
  • Tribal nations fight for influence on the Colorado River
  • Counties pressured to object to CSKT compact
  • ‘Till the last drop: As water grows scarce in Utah, urban and rural needs come to a head
  • Turtle Mountain Band of Chippewa Indians becomes first tribe in U.S. to add donor registration to tribal IDs
  • ND tribal advocates highlight efforts of poll watchers in midterms

November 9, 2022

Indian Law Bulletins Update 11/9/2022

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

Two petitions for certiorari were granted on 11/4/22:

  • Arizona v. Navajo Nation (Water rights)
  • Department of the Interior v. Navajo Nation (Water rights)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • California Tribal Families Coalition, et al. v. Becerra, et al. (Administrative Procedure Act; AFCAR; Indian Child Welfare Act)
  • Nguyen v. Foley (Tribal Courts; Child Welfare)
  • In re: Conditions at Lake County Jail (Treaty Rights; Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Wren v. Yates (Milne v. Hudson, 2022 OK 84)
  • In re E.C. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Finley v. Colville Confederated Tribes (Tobacco; Fuel Tax)
  • Finley v. Colville Confederated Tribes (Fuel Tax)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Request for Nominations of Members To Serve on the Bureau of Indian Education Advisory Board for Exceptional Children (Bureau of Indian Affairs)
  • Audit Standards, Proposed rule; correction (National Indian Gaming)
  • Advance Tribal Notification of Certain Radioactive Material Shipments (Nuclear Regulatory Commission)
  • Audit Standards, Final rule; correction (National Indian Gaming)
  • Commission Fee Rate and Fingerprint Fees (National Indian Gaming)
  • National Native American Heritage Month, 2022 (Presidential Proclamation)
  • Announcement of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders Meeting and Solicitation for Written Comment (Health and Human Services)
  • Draft Alaska Native Relations Policy of the U.S. Fish and Wildlife Service (Fish and Wildlife Service)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • H.R.9269 - To amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, and for other purposes.

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

This week, in brief:

  • Why tribal communities are being overlooked by investors
  • In a first, U.S. pays tribes to move away from climate threats
  • Supreme Court considers fate of landmark Indian adoption law
  • Clarence Thomas may destroy Native children’s rights based on a lie
  • Supreme Court to hear water dispute between Navajo, U.S. government
  • Treaty and fishing rights activist Billy Frank: the Fish Wars
  • Sovereign justice: The growing power of tribal courts
  • Native vote turned out in force
  • Analysis underscores financial hurdles for Native American, rural voters

Announcements:

November 2, 2022

Indian Law Bulletins Updated 11/2/2022

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Murray v. Queeno, et al. (Religious Land Use and Institutionalized Persons Act)
  • Tanner-Brown, et al. v. Haaland, et al. (Class Action; 35 Stat. 312; Freedmen Allotments)
  • Backcountry Against Dumps v. Bureau of Indian Affairs (Economic Development; Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In the Matter of the Dependency of: A.W., A Minor Child (Indian Child Welfare Act)
  • In re Oscar H. (Indian Child Welfare Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Alaska Native Claims Selection; Notice of Decision Approving Lands for Conveyance (Bureau of Land Managment)
  • Advisory Committee on Tribal and Indian Affairs, Notice of Meeting, Amended (Veterans Affairs)
  • Self-Governance PROGRESS Act Negotiated Rulemaking Committee; Notice of Meeting (Bureau of Indian Affairs)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Knight v. Thompson revisited : Ramirez v. Collier's implications for Native prisoners' religious exercise.

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

This week, in brief:

  • November proclaimed National Native American Heritage Month
  • Indian country braces for U.S. Supreme Court hearing in ICWA case
  • From dominance to stewardship: Chuck Sams’ Indigenous approach to the NPS
  • The Chinook Nation’s existential fight for recognition
  • The strength of tribal courts
  • Federal observers flagged issues with Native language support in Alaska’s August election
  • Native advocates say voter ID rules in Proposition 309 could disenfranchise Arizona Indigenous voters

Announcements:

  • The Native American Rights Fund is hiring for the open positions of Technical Services Librarian (National Indian Law Library) and Blaustein Fellow in the Boulder office. Learn more about the vacancies at: https://www.narf.org/contact-us/join-team/

October 26, 2022

Indian Law Bulletins Updated 10/26/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Weiss v. Perez, et al. (Freedom of Speech; Retaliation)
  • Darden v. Vines, et al. (Employment Law; Tribal Council)
  • United States v. Cody (Criminal Jurisdiction; Indian Country)
  • United States v. Alo-Kaonohi (Expert Witness; Native Hawaiian Language)
  • Queens, LLC v. Seneca-Cayuga Nation (Tribal Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Milne v. Hudson (Indian Civil Rights Act; Jurisdiction)
  • In re K.H. (Indian Child Welfare Act)
  • Native Village of Chignik Lagoon v. Department of Health & Social Services, et al. (Indian Child Welfare Act; Tribal Membership)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • In the Matter of the Guardianship of AMH and GDH, minors (Tribal Court Rules)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Reopening of Comment Period on a Supplemental Draft Environmental Impact Statement Regarding the Makah Tribe's Request To Hunt Eastern North Pacific Gray Whales (National Oceanic and Atmospheric Administration)
  • Advisory Committee on Tribal and Indian Affairs, Notice of Meeting (Veterans Affairs)
  • Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2024 or Calendar Year 2024 (Bureau of Indian Affairs)
  • Solicitation for Members of the Ocean Exploration Advisory Board (National Oceanic and Atmospheric Administration)
  • Food Distribution Program on Indian Reservations Self-Determination Demonstration Project: Solicitation of Proposals for Additional Tribal Organizations To Participate (Food and Nutrition Service)
  • Self-Regulation of Class II Gaming (National Indian Gaming Commission)
  • Workforce Innovation and Opportunity Act; Native American Employment and Training Council (Employment and Training Administration)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.5068 - Navajo-Gallup Water Supply Project Amendments Act of 2022.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • The rule of law : McGirt v. Oklahoma and the recognition of the Muscogee (Creek) Reservation (Reprint).
  • Race to property : Racial distortions of property law, 1634 to today.
  • Blockchains and environmental self-determination for the Native Hawaiian people : Toward restorative stewardship of Indigenous lands.
  • Equal protection and the Indian Child Welfare Act : States, tribal nations and family law.
  • The legal weaponization of racialized DNA : A new genetic politics of affirmative action.
  • The reservation and the rule of law : A short primer on Indian country's complexity.
  • Water law in Native nation territories.

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

This week, in brief:

  • NAGPRA modifications now available for public comment
  • Despite state initiatives, Indigenous education in public schools remains inconsistent
  • Lithium Americas signs agreement with local tribe
  • Tribal leaders vow to protect their families from separation as Indian Child Welfare law heads to the Supreme Court
  • The Interior Department is developing a new policy for Native Hawaiian consultation
  • Sonoma County, Graton tribe will co-manage Tolay Lake
  • Redistricting affects ‘power’ in Native vote, Indigenous candidates

Announcements:

  • The Native American Rights Fund is hiring for the open positions of Technical Services Librarian (National Indian Law Library) and Blaustein Fellow in the Boulder office. Learn more about the vacancies at: https://www.narf.org/contact-us/join-team/

October 12, 2022

Indian Law Bulletins Updated 10/12/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was filed on 10/3/22:

  • Slockish v. Dept. of Transportation (Religious Freedom Restoration Act)

Two petitions for certiorari were denied on 10/11/22:

  • Oklahoma v. Sam (Determination of Indian under Major Crimes Act)
  • Oklahoma v. Wadkins (Determination of Indian under Major Crimes Act)

The Tribal Supreme Court Project published an Update Memorandum on 10/11/22: https://sct.narf.org/articlesupdates.html

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Red Lake Band of Chippewa Indians, et al. v. United States Army Corps of Engineers, et al. (National Environmental Policy Act; Clean Water Act)
  • Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., and Enbridge Energy, L.P. (Remedy for Trespass)
  • In re Klamath River Basin Litigation (Klamath River; Water Rights; Centralization)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re G.H. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Whitelaw v. Campobasso (Notice; Default Hearing)
  • Dick v. Colville Confederated Tribes (Tribal Sovereign Immunity)
  • Colville Confederated Tribes v. Sargent (Expungement; Firearms)
  • Freund v. Colville Confederated Tribes (Witness Competency; Alternate Jurors)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington (Environmental Protection Agency)
  • Periodic Meeting of the U.S. Department of the Treasury Tribal Advisory Committee (Treasury)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • The color of local government : Observations of a Brown Buffalo on racial impact statements in the movement for water justice.
  • Ma’ii and Nanaboozhoo fistfight in heaven.
  • The reports of my death are greatly exaggerated : The continued vitality of Worcester v. Georgia.

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

This week, in brief:

  • U.S. judge rejects last challenge to Enbridge's Line 3
  • FEMA announces first national tribal affairs advocate
  • The Indian Child Welfare Act will be before the US Supreme Court next month
  • How tribal co-managing movements are transforming the conservation of public lands
  • Which Indigenous lands are you on? This map will show you
  • Supreme Court rejects Oklahoma attempt to narrow Indian definition
  • Newly drawn Congressional districts dilute Native vote

October 5, 2022

Indian Law Bulletins Updated 10/5/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was granted on 10/3/22:

  • Oklahoma v. Sims (State Criminal Jurisdiction Over Non-Indians in Indian Country)

Four petitions for certiorari were denied on 10/3/22:

  • Acres v. Marston (Tribal Official Personal Immunity)
  • Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal Court Exhaustion and Jurisdiction; Tribal Sovereign Immunity)
  • Lopez v. Quaempts (Tribal Sovereign Immunity)
  • Mill Bay Members Association v. United States (Equitable Estoppel Against the Federal Government; Trust Status of Allotted Land)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Flandreau Santee Sioux Tribe v. Houdyshell (Indian Gaming Regulatory Act; Taxation)
  • Scotts Valley Band of Pomo Indians v. United States Department of the Interior (Administrative Procedure Act; Indian Gaming Regulatory Act)
  • The Chickasaw Nation v. Caremark PHC, LLC, et al. (Federal Arbitration Act; Tribal Sovereign Immunity)
  • Navajo Nation v. Office of Navajo and Hopi Indian Relocation, et al. (Navajo and Hopi Indian Land Settlement Act; Administrative Procedure Act)
  • Kialegee Tribal Town v. U.S. Department of the Interior, et al. (Tribal Jurisdiction)
  • Williams & Cochrane, LLP v. Rosette, et al. (Quechan Tribe; Attorney Termination; Lanham Act)
  • Roemen, et al. v. United States, et al. (638 Contract for Law Enforcement Services; Law Enforcement Assist Agreement)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Montana Democratic Party, et al. v. Jacobsen (Voting Rights; Voter Legislation)
  • King v. Arkansas Department of Human Services (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • In re welfare of L.C. (Tribal Law; Family Protection Orders)
  • In the Matter of the Estate of Laddie Taylor (Probate)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Native American Graves Protection and Repatriation Review Committee: Notice of Nomination Solicitation (National Park Service)
  • Call for Nominations for Secretary Appointment to Treasury Tribal Advisory Committee (Treasury)
  • Endangered and Threatened Species; Take of Anadromous Fish (National Oceanic and Atmospheric Administration)
  • 2020 Census Tribal Consultation (Census Bureau)
  • Permits for Incidental Take of Eagles and Eagle Nests (Fish and Wildlife Service)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.5001 - A bill to amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
  • S.5048 - A bill to amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
  • H.R.9068 - To direct the Secretary of the Interior to establish a grant program to increase the capabilities of Tribal law enforcement agencies, and for other purposes.
  • H.R.9114 - To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes.
  • H.R.9116 - To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Is the public domain just? : Biblical stewardship and legal protection for traditional knowledge assets.
  • Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How we, Native people, reflect on the law in the Dawnland).
  • Burdened, but not burdened enough : A long-term solution to the difficulties posed by religious objections to resource development.
  • Youth and Indigenous voices in climate justice : Leveraging best practices from U.S. and Canadian litigation.
  • Treaty-based climate change claims : Litigation pathways in the face of cultural devastation.
  • Defining the scope of burial rights under the Native American Graves Protection and Repatriation Act.

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

This week, in brief:

  • Native American Church to host historic field meeting with House Natural Resources Committee
  • Osage Nation Congress calls for repeal of Oklahoma's so-called 'critical race theory' ban
  • Can Indian Country withstand the new Supreme Court?
  • Native Americans’ decades long struggle for control over sacred lands is making progress
  • Montana judge knocks down Republicans’ tighter voting laws
  • Tribes sue Elko County over voter access

September 28, 2022

Indian Law Bulletins Updated 9/28/2022

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Eagle Bear, Inc., et al. v. Blackfeet Indian Nation, et al. (Tribal Court Jurisdiction; Trespass on Indian Lands; Bankruptcy Court)
  • Hawk v. Burr and Bureau of Indian Affairs (Bureau of Indian Affairs; Administrative Procedure Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Schaghticoke Tribal Nation v. State (Land Rights; Sovereign Immunity)
  • State of New Mexico ex rel. Children, Youth & Families Department v. James M. and Farrah S. (Indian Child Welfare Act)
  • People v. Covey (Criminal Jurisdiction)
  • Pederson v. Arctic Slope Regional Corporation (Shareholder Inspection; Judicial Bias)
  • Hinman v. Accohannock Indian Tribe, Inc. (Tribal Government; Tribal Membership)
  • Montana Democratic Party, et al. v. Jacobsen (Voting Rights; Voter Legislation)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.4915 / H.R.8937 - A bill to amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes.
  • S.4923 / H.R.8960 - A bill to require Federal law enforcement agencies to report on cases of missing or murdered Indians, and for other persons.
  • S.4933 / H.R. 8967- A bill to take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes.
  • H.R. 8954 - To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Respecting the identity and dignity of all Indigenous Americans.
  • Resurfacing sovereignty : Who regulates surface mining in Indian Country after McGirt?
  • For better or for worse : The court's application of the second Montana Exception to United States v. Cooley.

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

This week, in brief:

  • Roselyn Tso confirmed as IHS director
  • Tribal law enforcement boosted under proposed bill
  • Tribal-state tax compacts rise as a tool for tax clarity in Indian Country
  • Sharing management of sacred and important lands
  • Will U.S. Supreme Court hear another case from Oklahoma linked to McGirt ruling?
  • Cherokee Nation seeks help urging Congress to seat a delegate in U.S. House

Announcements:

  • Have you ordered your copy of the 2022 edition of Labor and Employment Law in Indian Country yet? It's available from Drummond Woodsum, NARF’s partner-publisher.
  • Read more about Landmark Indian Law Cases, second edition and find out how to get your own copy on the HeinBlog.

September 21, 2022

Indian Law Bulletins Updated 9/21/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was filed on 9/12/22:

  • Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Bankruptcy Act; Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Kumar v. Schildt, et al. (Indian Allotments; Jurisdiction; Economic Development)
  • Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation (Exhaustion of Tribal Remedies; Tribal Law; Tribal Courts; Banishment)
  • Tanana Chiefs Conference v. Becerra, et al. (Health Care; Indian Self-Determination and Education Assistance Act)
  • Pacheco v. El Habti (Habeas Corpus; McGirt v. Oklahoma)
  • Birdbear et al. v. United States (Trust Relationship; Mineral Leasing)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Ahtna, Inc. v. Department of Natural Resources (Aboriginal Title; RS 2477 Right Of Way; Alaska Native Claims Settlement Act)
  • Tohono O'odham Nation v. Fridlund-Horne in and for County of Coconino (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Hart v. Northern Lights Casino (Tribal Law; Premises Liability)
  • Adrian v. Nicholson (Notice; Child Custody)
  • Barreto v. Mohegan Tribal Gaming Auth. (Premises Liability)
  • Lazard v. Colville Confederated Tribes (Due Process Rights; Drug Possession)
  • George v. Colville Confederated Tribes (Subject Matter Jurisdiction; Sovereign Immunity)
  • Dessources v. Office of the Dir. of Regulation (Termination of Employment; Administrative Agency Review)
  • Love v. Aycock et al. (Tribal Law; Appelate Rules)
  • Furman v. Office of the Dir. of Regulation (Workers' Compensation; Administrative Agency Review)
  • Lowy v. Mohegan Tribal Gaming Auth. (Civil Procedure; Summary Judgment; Premises Liability)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Audit Standards (National Indian Gaming Commission)
  • Submission of Gaming Ordinance or Resolution (National Indian Gaming Commission)
  • Notice of Tribal Consultation and Request for Comments on New Agreement Template Draft for VA's Indian Health Services/Tribal Health Program Reimbursement Agreements (Veterans Affairs)
  • Solicitation of Nominations for the Appointment to the Advisory Committee on Tribal and Indian Affairs, Indian Health Service, Billing Area Representative (Veterans Affairs)
  • Self-Governance PROGRESS Act Negotiated Rulemaking Committee; Notice of Meeting (Bureau of Indian Affairs)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.4870 - A bill to approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
  • S.4878 / H.R.8859 - A bill to amend title VI of the Social Security Act to improve the Local Assistance and Tribal Consistency Fund, and for other purposes.
  • S.4896 / H.R. 8921- A bill to approve the settlement of water rights claims of the Pueblos of Jemez and Zia in the State of New Mexico, and for other purposes.
  • S.4898 / H.R. 8920 - A bill to approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San Jose Stream System in the State of New Mexico, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Using consent to expand tribal court criminal jurisdiction.
  • 30 by 30, areas of critical environmental concern, and tribal cultural lands.
  • Of reservation boundary lines and judicial battle lines, part 1 — Reservation diminishment/disestablishment cases from 1962 to 1975: The Indian law justice files, episode 1.
  • Dereliction of duty to justice : The disappointing decision to separate genocide from property rights violations in F.R.G. v. Phillip.
  • The Extradition Clause and Indian Country.
  • Getting Cooley right : The inherent criminal powers of tribal law enforcement.

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

This week, in brief:

  • Native American Church of North America advocates at Capitol Hill for protections of peyote
  • Tribes say North Dakota is tampering with mineral royalties
  • Northern Arapaho tribe asks Wyoming for a state ICWA law as U.S. Supreme Court decision looms
  • California senators introduce legislation to recognize Tule River Tribe’s water rights
  • New Mexico’s Heinrich, Leger Fern├índez introduce bicameral bills to approve water rights settlements for 4 pueblos
  • Indiana's Miami tribe battling for federal recognition after rule changes
  • Tribal leaders urge support for bills to protect cultural, sacred sites
  • For the first time in 230 years, Congress has full U.S. Indigenous representation

September 14, 2022

Indian Law Bulletins Updated 9/14/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • United States of America v. Fowler (Law Enforcement Jurisdiction; Tribal Sovereignty)
  • Lower Brule Sioux Tribe v. Haaland, et al. (Indian Self-Determination and Education Assistance Act; Tribally Controlled Schools Act)
  • Lexington Insurance Company, et al. v. Smith, et al. (Tribal Court Jurisdiction Over Nonmembers; Insurance Coverage)
  • Solenex, LLC v. Haaland, et al. (Mineral Leasing Act of 1920; Administrative Procedure Act; Trust Relationship)
  • Metlakatla Indian Community v. Dunleavy (Off-Reservation Fishing Rights)
  • Klamath Irrigation District v. United States Bureau of Reclamation (Trust Relationship; Water Rights)
  • Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., and Enbridge Energy, L.P. (Trust Relationship; Trespass on Indian Lands)
  • Manago v. Cane Bay Partners VI, LLLP (Racketeer Influenced and Corrupt Organizations Act; Venue; Economic Development)
  • Lower Brule Sioux Tribe v. Lyman County (Voting Rights; Redistricting)
  • Center for Biological Diversity v. U.S. Forest Service (Endangered Species Act; Administrative Procedure Act; Sovereign Interests of an Indian Tribe)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Cherokee Nation v. Lexington Insurance Company, et al. (Insurance Coverage)
  • People In Interest of E.A.M. (Indian Child Welfare Act)
  • State v. McCormack (Treaty Fishing Rights)
  • In re Y.M. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Carter v. Genesis10 and Omincell, Inc. (Civil Procedure)
  • Collins v. Mohegan Tribal Gaming Authority (Tribal Law; Premises Liability)
  • Vandecar v. Muscogee (Creek) Nation (Indian Civil Rights Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Membership in the National Parks Overflights Advisory Group (Transportation)
  • HEARTH Act Approval of Pueblo of Laguna, New Mexico Business Leasing Ordinance (Interior)
  • HEARTH Act Approval of Nisqually Indian Tribe Leasing Ordinance (Interior)
  • Notice of the Establishment of the Tribal Homeland Security Advisory Council; Solicitation of Inaugural Members (Homeland Security)
  • Annual Fee Calculation (Interior)
  • Analyses, Research, and Studies To Assess the Impact of Centers for Medicare & Medicaid Services Programs on American Indians/Alaska Natives and the Indian Health Care System Serving American Indians/Alaska Natives Beneficiaries (Health & Human Services)

U.S. Legislation - 117th Congress Bulletin
http://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.4830 - A bill to reaffirm actions taken by the Secretary of the Interior for the benefit of Indian Tribes, and for other purposes.
  • S.4837 - A bill to amend the Omnibus Public Land Management Act of 2009 to establish within the Mount Hood National Forest in the State of Oregon Indian Treaty Resources Emphasis Zones, and for other purposes.
  • S.4839 - A bill to reauthorize and expand a grant program for State and Tribal response to opioid and stimulant use and misuse, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Sovereigns of no territory : Alaska Natives, ANCSA, and tribal self-determination.
  • Aiding employment and the environment on tribal lands : An analysis of hiring preferences and their use in the mining industry.
  • The clean energy dilemma : How the push for clean energy could threaten Indigenous communities and an exploration of potential alternatives.
  • The (un)just use of transition minerals : How efforts to achieve a low-carbon economy continue to violate Indigenous rights.
  • Of reservation boundary lines and judicial battle lines, part 1 — Reservation diminishment/disestablishment cases from 1962 to 1975: The Indian law justice files, episode 1.
  • Tribal water rights and tribal health : The Klamath Tribes and the Navajo Nation during the COVID-19 pandemic.
  • Teaching Indian law in the 21st century.

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

This week, in brief:

  • Judge refuses to shut down Line 5, but says Enbridge is trespassing on Native American reservation
  • Tribes wait for Supreme Court decision in ICWA case
  • ‘Our policy is nation-to-nation’: Tribes join President Biden for celebration at White House
  • Coquille finally get hunting rights
  • The UN Declaration on the Rights of Indigenous Peoples turns 15
  • District court says Osage Reservation disestablished
  • Sault Tribe celebrates 50 years of federal recognition
  • South Dakota settles with tribal nations in voting rights lawsuit

August 31, 2022

Indian Law Bulletins Updated 8/31/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Beam v. Office of Navajo and Hopi Indian Relocation (Navajo–Hopi Settlement Act; Administrative Procedure Act)
  • United States of America v. Skeet (Migratory Bird Treaty Act; Bald and Golden Eagle Protection Act; Treaty Rights; Religious Freedom Restoration Act)
  • Silva v. Farrish (Sovereign Immunity; Fishing Rights)
  • Kewadin Casinos Gaming Authority v. Draganchuk, et al. (Tribal Sovereign Immunity; Indian Gaming Regulatory Act)
  • Swinomish Indian Tribal Community v. BNSF Railway Company (Breach of Contract; Trespass on Indian Lands)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re Ricky R. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Swinomish Indian Tribal Community v. James Edwards (Discovery)
  • Swinomish Tribal Community v. 2002 BMW (r.o. San Juanita Lazono) (Indian Civil Rights Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2022-23 Season (Interior)
  • Notice of Intent To Prepare a Resource Management Plan for the Bears Ears National Monument in Utah and an Associated Environmental Impact Statement (Interior)
  • Annual Meeting of Federal Partners and Tribal 477 Workgroup Under Indian Employment, Training and Related Services Act of 2017 (Interior)
  • Tribal Consultation for Ownership and Control and Contractual Assistance; Requirements for the 8(a) Business Development (BD) Program and other Planned 8(a) BD Program Regulatory Proposals (Small Business Administration)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • The Indian Child Welfare Act as reproductive justice.
  • Perpetuated in righteousness : Proposals for strengthening Hawai'i's "ceded land" protections.
  • How Section 2 of the Voting Rights Act and one civil rights lawyer transformed the electorical success of Native Americans and Chicanos in New Mexico.
  • The power of reciprocity : How the Confederated Salish & Kootenai water compact illuminates a path toward natural resources reconciliation.
  • Unrealized federal Indian water rights on the Colorado River : An opportunity for equity and conservation.
  • Private climate governance in Australia : Indigenous land use agreements and the majority default rule.

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

This week, in brief:

  • The Inflation Reduction Act: How do tribal communities benefit?
  • Funders commit $6.25 million for Indigenous early childhood education
  • Urban American Indian communities may soon get better access to healthcare
  • A federal appeals court says the state can't tax tribal lands that once fell out of tribal hands
  • Colorado River Basin tribes work to protect their water rights
  • Utah sues Biden over Bears Ears, Grand Staircase restorations
  • Trial over the legality of Montana's new voting restrictions ends

Announcements:

  • The Native American Rights Fund is hiring for the open position of Project Coordinator (The Implementation Project) in the Boulder office. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/
  • The 2022 edition of Labor and Employment Law in Indian Country is now available! Order the book from Drummond Woodsum, NARF’s partner-publisher.
  • Landmark Indian Law Cases, second edition, is now avaialble! Purchase the book from the publisher's website.

August 24, 2022

Indian Law Bulletins Updated 8/24/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Ute Indian Tribe of the Uintah and Ouray Reservation v. United States Department of the Interior, et al. (Trust Relationship; Water Rights)
  • Platform 10, LLC v. Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Tribal Sovereign Immunity)
  • LS3 Inc. v. Cherokee Nation Strategic Programs, L.L.C., et al. (Economic Development; Breach of Contract)
  • Lower Brule Sioux Tribe v. Lyman County (Voting Rights; Redistricting)
  • Stimson Lumber Company v. Coeur d'Alene Tribe (Tribal Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re E.L. et al., Minors. AIDA R. v. E.O. et al. (Indian Child Welfare Act)
  • State of Oklahoma v. Ward (Criminal Jurisdiction)
  • Fashion Outlets at Foxwoods, LLC v. BC Fox, LLC (Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Turpen v. Turpen (Tribal Court Jurisdiction)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Tribal Tourism Grant Program; Solicitation of Proposals (Interior)
  • Solicitation for Members of the Ocean Exploration Advisory Board (Commerce)
  • Announcement of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders Meeting (Health and Human Services)
  • 2020 Census Tribal Consultation; Virtual Public Meeting (Commerce)
  • National Tribal Broadband Grant; Solicitation of Proposals (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Money, money, money : Revenue is funny in a McGirt world
  • The terms of their deal : Revitalizing the treaty right to limit state jurisdiction in Indian Country
  • Tribal nations and abortion access : A path forward
  • Preemption, commandeering, and the Indian Child Welfare Act
  • Missing the mark : A critical analysis of the rights of nature as a legal framework for protecting Indigenous interests

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

  • How TikTok activists are fighting to end Native mascots in schools
  • Supporters of the Indian Child Welfare Act send 21 briefs to U.S. Supreme Court
  • Tribe seeks state recognition for enrollment cards
  • FEMA releases first-ever national tribal strategy
  • Bruce Babbitt: Tribes need to be involved in water talks
  • How jurisdictional mazes affect Indigenous survivors of violent crimes
  • Alaska election officials sued over lack of process for letting voters fix ballot errors
  • Native Americans continue to fight discriminatory voter ID laws in North Dakota
  • Native Americans' right to vote has always been a question in South Dakota
  • Montana election laws probed during marathon trial's first week
  • Tribal leader: Without election day voting, ballot collection, Native Americans don’t have a voice
  • Voting rights in the United States: A state-by-state analysis

August 17, 2022

Indian Law Bulletins Updated 8/17/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • GTEC Industries Inc. v. Guzman (Economic Development; Tribal Recognition)
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers (Indian Taxation; Treaty Rights)
  • Engasser v. Tetra Tech, Inc. (Tribal Sovereign Immunity)
  • Cayuga Nation v. Parker (Economic Development; Tribal Law)
  • Lower Brule Sioux Tribe v. Lyman County (Voting Rights; Redistricting)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • L.B. v. United States (Federal Tort Claims Act)
  • Simmons v. Washington (Aboriginal Title; Off-Reservation Fishing Rights)
  • Rabang v. Gilliland (Tribal Sovereign Immunity)
  • In re S.H. (Indian Child Welfare Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Commerce - Extension of Public Comment on a Supplemental Draft Environmental Impact Statement Regarding the Makah Tribe's Request To Hunt Eastern North Pacific Gray Whales
  • Veterans Affairs - Solicitation of Nominations for the Appointment to the Advisory Committee on Tribal and Indian Affairs, Indian Health Service, Billings Area Representative
  • Health and Human Services - Healthy Lifestyles in Youth Project
  • Interior - Self-Governance PROGRESS Act Negotiated Rulemaking Committee; Notice of Meeting

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Circuit split may force tribal nations into bankruptcy courts
  • McGirt v. Oklahoma : The most impactful Indian law case in a century?
  • Indigenous erasure in public schools : Critical race theory, discrimination, remedies
  • ICWA : The gold standard, golden nuggets of evidence from Arizona
  • “Authentic” from time immemorial : Reforming Evidence Rule 902 to reflect tribal sovereignty
  • Tribal labor and employment law : The Navajo Preference in Employment Act
  • Oral history on trial
  • The Cabazon decision, 35 years on
  • Indian law from behind the bench : A law clerk’s perspective
  • Dispossession : An American property law tradition
  • Lawyering the Indian Child Welfare Act
  • Manifesting a better destiny : Interest convergence and the Indian Claims Commission
  • Pandemics in Indian Country : The making of the tribal state
  • Expanding renewable energy tax credits to tribal governments : How current legislative proposals will benefit tribes and their members in their continued efforts to address climate change

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

This week, in brief:

  • $1B added to tribal broadband program
  • The tribal gaming industry is bouncing back after pandemic closures
  • ‘Largest Investment Ever’ on Climate Change Passes Senate, Including $272.5 Million for Tribes
  • Abortion Was Already Inaccessible on Reservation Land. Dobbs Made Things Worse
  • National Indian Health Board announces A.C. Locklear as new Federal Relations Director
  • Historic Alaska Tribal Child Welfare Compact becomes Law
  • Prairie Band Potawatomi take historic step toward reclaiming land
  • California Indian Tribes Denied Resources for Decades as Federal Acknowledgement Lags
  • Three Sources on the Respect for and Availability of Tribal Law
  • Voting laws trial begins by zeroing in on how new regs affect Native Americans
  • Tribal leader: Without Election Day voting, ballot collection, Native Americans don’t have a voice
  • Trial starts in challenge to new Montana voting laws
  • Lower Brule Sioux Tribe voters win in voting rights case against Lyman County
  • NATIVE VOTING RIGHTS: Miguel H. Trujillo made his mark

August 10, 2022

Indian Law Bulletins Updated 8/10/2022

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Oglala Sioux Tribe v. Nuclear Regulatory Commission (National Environmental Policy Act; National Historic Preservation Act)
  • Caremark LLC v. Chickasaw Nation (Health Care; Tribal Sovereign Immunity)
  • Pueblo of Pojoaque v. Wilson (Indian Gaming Regulatory Act; Tribal Sovereign Immunity)
  • Spokane Indian Tribe v. Sulgrove (Water Rights)
  • Fallon Paiute-Shoshone Tribe v. U.S. Department of the Interior (National Environmental Policy Act; Religious Freedom Restoration Act; Administrative Procedure Act)
  • Monster Tech. Group v. Eller (Economic Devleopment; Attorneys Fees)
  • Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California (Indian Gaming Regulatory Act)
  • Stimson Lumber Company v. Coeur D’Alene Tribe (Tribal Sovereign Immunity)
  • Noem v. Haaland (Cultural Resources / Property)
  • AQuate II, LLC v. Myers (Tribal Sovereign Immunity; Section 8(a) contracting)
  • Fontenot v. Schmitt (Cultural Resources; Indian Arts & Crafts Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re S.V. (Indian Child Welfare Act)
  • Drabik v. Thomas (Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://narf.org/nill/bulletins/tribal/2022.html

  • Casey v. Muscogee (Creek) Nation (Indian Civil Rights Act)

U.S. Legislation - 117th Congress Bulletin
https://www.narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.4771 - A bill to amend the Energy Policy Act of 1992 to provide for direct loans to Indian tribes and tribal energy development organizations for energy development, and for other purposes.
  • S.4777 - A bill to permit the Miami Nation of Indiana to apply for acknowledgement as a federally recognized Indian tribe, and for other purposes.
  • H.R.8380 - Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2022.
  • H.R.8673 - To support the education of Indian children.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • This week includes notices on National Marine Fisheries Service determinations, BIA Indian Irrigation Projects rate adjustments, and special grant opportunities from the Forest Service and the Indian Health Service.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Alaska Native Corporation endowment models.
  • Re-Indigenizing Yellowstone.
  • Reflections on professionalism in tribal jurisdictions..

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

This week, in brief:

  • ‘Time honored’ harvesting knowledge altered by climate change
  • Castro-Huerta decision ‘flips federal Indian law on its head’
  • Chippewa Tribe members in Minnesota consider whether to continue blood quantum
  • Interior Sec. Haaland Announces Members of Advisory Committee on Reconciliation in Place Names
  • Arizona tribes wait for water as settlements languish in courtrooms and bureaucracy
  • Their pleas for water were long ignored. Now tribes are gaining a voice on the Colorado River
  • Emotional hearing on Freedmen citizenship yields discussion but few solutions
  • Renewed push for repeal of Navajo Nation's same-sex marriage ban
  • National Tribal Trial College gives Indigenous advocates the skills to work in tribal courts
  • Tribe claims prejudice, sues county for diluting Native vote

July 27, 2022

Indian Law Bulletins Updated 7/27/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

  • One petition was filed last week on 7/19/22:
    • Big Horn County Electric Cooperative v. Big Man (Tribal Courts; Tribal Codes; Subject Matter Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • United States v. Stimac (Wildlife Trafficking; Trespassing on Indian Land)
  • Southcentral Foundation v. Alaska Native Tribal Health Consortium (Tribal Sovereign Immunity; Health Care)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • State of Alaska v. Cissy A. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Muscogee (Creek) Nation National Council v. Scott (Tribal Constitutions)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.4625/H.R.8502 - A bill to amend the Richard B. Russell National School Lunch Act to improve nutrition in tribal areas, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Taking back sovereignty: The importance of Native voices in addressing environmental harms to Native land.
  • Dikos Nitsaa'igii-19 ("The Big Cough"): Coal, COVID-19, and the Navajo Nation.
  • Textualism and the Indian canons of statutory construction.
  • Pablo v. Ak-Chin Indian Community: A path for tribal courts to protect Indigenous sovereignty and same-sex marriage.
  • Indigenous subjects.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Senate committee to hold hearing on tribal Freedmen
  • At Oak Flat, courts and politicians fail tribes
  • MSU Press publishes new work on tribal administration
  • Impact of U.S. Supreme Court decisions on Native American tribes in Wisconsin
  • NCAI's open letter to Pope Francis on Indian residential schools
  • Tim Giago, Oglala Lakota publisher and trailblazer for modern Indigenous journalism, walks on
  • Neilson Powless, Nairo Quintana show Indigenous strength at the 2022 Tour de France
  • Portland State University offers in-state tuition for all enrolled members of federally recognized tribes
  • FBI works with partners to improve reporting of missing Indigenous persons in New Mexico, Navajo Nation
  • What Indigenous leaders think about co-managing Bears Ears with the feds
  • Native Americans across Midwest embrace traditional foods rejected by centuries of colonization

July 20, 2022

Indian Law Bulletins Updated 7/20/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Tsi Akim Maidu of Taylorsville Rancheria v. Department of the Interior (Federal Recognition)
  • Evans Energy Partners, LLC v. Seminole Tribe of Florida, Inc. (Tribal Sovereign Immunity; Exhaustion of Tribal Remedies)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re J.W. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • H.R.8387 - To amend the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Extraction of personal data: A new form of colonialism or continuation of a colonial practice? Adult Native American adoptees resist assimilation and rebuild erased identities.
  • Crossing the dark and fearful river: Monsanto, PCBs, and emerging tort theories.
  • Case law on American Indians.
  • The rule against hearsay, Indigenous claims and story-telling as testimony in Canadian courts.
  • A watershed moment: The health and economic impact of water sustainability in the Navajo Nation post-pandemic.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Senate Committee on Indian Affairs to hear testimony on three acts on Wednesday
  • When tribal nations expel their Black members
  • How ancestral knowledge can help incarcerated Natives
  • Mille Lacs Corporate Ventures aims to boost resilience of tribal economy by fostering entrepreneurship, workforce housing
  • Bill sought by Wabanaki tribes in Maine passes U.S. House
  • How a recent Supreme Court decision derailed a Native student journalist's free-speech lawsuit
  • Red Cliff Ojibwe Nation celebrates ‘landmark moment’ with return of final 900 acres of land from Bayfield County
  • Washoe Tribe, TRPA get $3.4 million to combat aquatic invasive species at Tahoe
  • Tribes, Air Force eye protection of sacred sites during ICBM project
  • ‘Daughter of a Lost Bird’ and the complexities of Indigenous identity

July 13, 2022

Indian Law Bulletins Updated 7/13/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Bird Industries, Inc v. The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation (Racketeer Influenced and Corrupt Organizations Act; Tribal Sovereign Immunity)
  • Portland General Electric Company v. State of Oregon and Confederated Tribes of the Grand Ronde Community of Oregon (Ceremonial Fishing and Harvesting)
  • Block v. Tule River Tribal Council (Tribal Sovereign Immunity)
  • Turtle Mountain Band of Chippewa Indians v. Jaeger (Voting Rights Act; Redistricting)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Baker v. Erickson (Tribal Courts; Child Custody)
  • State of Wisconsin v. House (Public Law 280)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.4505 - A bill to amend title 38, United States Code, to improve the program for direct housing loans made to Native American veterans, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Reimagining the Violence Against Women Act for tribes in 2022.
  • Eli-Tpitahatohek Tpaskuwakonol Waponahkik (How we, Native people, reflect on the law in the Dawnland).

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Janet Mills’ pause on tribal rights measure echoes politics in Muskie era
  • Tulalip Tribes sues Juul, claiming e-cigarette maker targeted youth with ‘deceptive’ ads
  • Michigan Public Service Commission requests further data regarding Line 5 safety risks
  • Mashpee Wampanoag Tribe awarded $1.1M grant to revive aquaculture business
  • California bill aims to increase availability of tribal foster homes
  • Karuk Tribe official brings traditional knowledge to federal wildlife commission
  • Cherokee Nation Business contributes $10 million to Cherokee Nation Marshal Service
  • Navajo Nation again considers legislation to repeal same-sex marriage ban
  • Supreme Court will hear Indian Child Welfare Act cases this fall -- What this means for Indian Country
  • Professor recruiting Native teachers to work in their hometowns
  • Program helps educators accurately teach Native American content in classrooms