December 14, 2022

Indian Law Bulletins Updated 12/14/22

U.S. Supreme Court Bulletin

One petition for certiorari was denied on 12/12/22:

  • Big Horn County Electric Cooperative v. Big Man (Tribal regulatory and adjudicatory jurisdiction over non-Indian entity)

Federal Courts Bulletin

  • Biers, Chief Tribal Judge of the Te-Moak Supreme Court v. Dentons US LLP, et al. (Disqualification of Counsel; Appointment of Counsel)
  • Waln v. Dysart School District (Free Exercise Clause; Free Speech Clause; Equal Protection Clause)
  • Flandreau Santee Sioux Tribe v. Sattgast (Tribal Sovereignty; State Taxation)

Tribal Courts Bulletin

  • Rodgers v. Cherokee Nation (Cherokee Nation Supreme Court Rules)

State Courts Bulletin

  • In re A.C. (Indian Child Welfare Act)
  • Fain v. Integrity Environmental, LLC (Contracts; Tier 1 Certified Indian Company)
  • State Ex Rel. Ohio History Connection v. Moundbuilders Country Club Company (Eminent Domain; Prehistoric Earthworks)
  • Matter of A. R. P. (Indian Child Welfare Act)
  • Martin, et al. v. Sandoval County and Pueblo of Cochiti (Joinder; Trespassing)

U.S. Legislation - 117th Congress Bulletin

  • S.Res.867 - A resolution relating to the death of the Alan R. Parker, former Staff Director and Chief Counsel of the Committee on Indian Affairs of the Senate.
  • H.R.9480 - To ratify a Treaty between the San Juan Southern Paiute Tribe and the Navajo Nation, to provide for the creation of a reservation for the San Juan Southern Paiute Tribe, and for other purposes.
  • H.R.9496 - To provide for the conveyance to the University of Alaska of certain public land in the State of Alaska, 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, to amend the National Trails System Act to designate the Chilkoot National Historic Trail and to provide for a study of the Alaska Long Trail, and for other purposes.

U.S. Regulatory Bulletin

  • Center for State, Tribal, Local, and Territorial Support (CSTLTS), CDC/ATSDR Tribal Consultation Session (Centers for Disease Control and Prevention)
  • Agency for Toxic Substances and Disease Registry Center for State, Tribal, Local, and Territorial Support (CSTLTS), CDC/ATSDR Tribal Advisory Committee (TAC) Meeting (Centers for Disease Control and Prevention)
  • Federal Implementation Plan for Managing Emissions From Oil and Natural Gas Sources on Indian Country Lands Within the Uintah and Ouray Indian Reservation in Utah (Environmental Protection Agency)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

  • Un-erasing American Indians and the Indian Child Welfare Act from family law.
  • The mistake on the Snake : The Lower Snake River dams.
  • The dark matter of federal Indian law : The duty of protection.
  • Tribal law's Indian law problem : How Supreme Court jurisprudence undermines the development of tribal law and tribal economies.

News Bulletin

This week, in brief:

  • Harvard study finds sovereignty constraints on Maine tribes caused them enormous economic damage
  • Tribes, educators prepare to implement California Indian Education Act
  • Lower 48 tribes join up with Alaska Natives to protect transboundary rivers
  • Michigan tribes, state reach tentative deal on Great Lakes fishing access
  • USDA Forest Service signs 11 new agreements to advance tribal co-stewardship of national forests
  • Tribes intervene in lawsuit restoring two Utah national monuments
  • Lawsuit brings tribe a seat on county commission