September 21, 2022

Indian Law Bulletins Updated 9/21/22

U.S. Supreme Court Bulletin

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

  • 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

  • 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

  • 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

  • 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

  • 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)

  • 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

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