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.

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
  

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

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