April 19, 2023

Indian Law Bulletins Updated 4/19/2023

U.S. Supreme Court Bulletin

  • One petition for certiorari was granted on 1/13/23:
    • Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Tribal sovereign immunity from suit under the Bankruptcy Code)
  • One petition for certiorari was filed on 3/28/23:
    • Sauk-Suiattle Indian Tribe v. City of Seattle (Judicial futility doctrine and removal from state court to federal court)
  • Two petitions for certiorari were denied on 3/20/23:
    • Smith v. United States (Federal criminal jurisdiction of tribal citizen in Indian country)
    • Sulgrove v. Spokane Indian Tribe (Article III standing and right the right of non-parties to appeal)
  •  The Tribal Supreme Court Project published an Update Memorandum on February 23, 2023: https://sct.narf.org/updatememos/2022/02-22-2023.pdf

Federal Courts Bulletin

  • Barton, et al. v. Office of Navajo and Hopi Indian Relocation (Administrative Procedure Act; Navajo and Hopi Indian Land Settlement Act of 1974)
  • United States v. Buzzard (Major Crimes Act; Discovery; Cherokee Nation)
  • United States v. Wilson (Major Crimes Act; Assimilated Child Abuse)
  • Schemmer v. Crow (McGirt v. Oklahoma; Certificate of Appealability)
  • In re Gold King Mine Release in San Juan County, Colorado, on August 5, 2015 (CERCLA; Natural Resource Damages)
  • Turtle Mountain Band of Chippewa Indians, et al. v. Howe (Voting Rights Act)

Tribal Courts Bulletin

  • In re Byrd (Cherokee Nation Election Commission)
  • Priest v. Colville Confederated Tribes (Tribal Law and Order Act; Indian Civil Rights Act)

State Courts Bulletin

  • In re S.S. (Indian Child Welfare Act)
  • In re Robert F. (Indian Child Welfare Act)
  • Indigenous Lifeways v. New Mexico Compilation Commission Advisory Committee (Constitutional Amendment)
  • Lustre Oil Company LLC v. Anadarko Minerals, Inc. and A&S Mineral Development Co., LLC (Tribal Sovereign Immunity; Economic Development)
  • Interest of M.S.P. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin

  • H.R 2461 - San Juan Southern Paiute Tribal Homelands Act of 2023 / 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.2498 - To extend Federal recognition to the Nor Rel Muk Wintu Nation, and for other purposes.
  • H.R.2519 - To support the education of Indian children.
  • H.R.2535 - To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes.
  • H.R.2547 - To amend title III of the Public Health Service Act to extend funding for special diabetes programs for Indians.
  • H.R.2687 - 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.

U.S. Regulatory Bulletin

  • Extension of Public Interest, General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance: Extension of Public Comment Period (HUD)
  • Land Acquisitions; the Samish Indian Nation, Washington (Interior)
  • Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees (Interior)
  • Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures (NMFS, NOAA)
  • Copayment Exemption for Indian Veterans (Veterans Affairs)
  • Special Tribal Criminal Jurisdiction Reimbursement (Justice)
  • Land Acquisitions; Cayuga Nation, Cayuga County Parcels, Cayuga County, New York (Interior)
  • Tribal Transportation Facility Bridge Program (Transportation)

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

  • We the (Native) people? : How Indigenous Peoples debated the U.S. / Ablavsky, Gregory & Allread, W. Tanner
  • Intertribal : The unheralded element in indigenous wildlife sovereignty. / Berger, Bethany R.
  • An intertribal business court. / Crepelle, Adam C.
  • Feminist jurisprudence in tribal courts : An untapped opportunity. / Deer, Sarah
  • The food distribution program on Indian reservations : Past, present, and future. / Doss, Samantha
  • The journey home : The repatriation of the Maaso Kova. / Esterling, Shea
  • Environmental justice and the transition from fossil fuels to renewable energy. / Hill, Barry E.
  • The legacy of the right to control land and dependency. / Malloy, Kerri J.
  • Beyond Brackeen : Active efforts toward antiracist child welfare policy. / Martin, Andrea
  • Johnson v. M’Intosh, Wi Parata v. Bishop of Wellington, and the legacy of the Doctrine of Discovery in Aotearoa-New Zealand. / Ngata, Tina
  • The color(blind) conundrum in Colorado property law. / Romero, Tom
  • Legal violence and restorative justice. / Shackford-Bradley, Julie
  • Ctr. for Biological Diversity v. United States Fish & Wildlife Serv. / Stapleton, Ali

News Bulletin

This week, in brief:

  • 'Our children deserve to be found;' The painful legacy of Native American boarding schools
  • Michigan tribes, others file grievance with UN over Line 5 project
  • New York State prohibits use of Native American names and logos in schools
  • Ancestral lands to be returned from the City of Tucson to Tohono O’odham Nation
  • Tribes, leaders celebrate Avi Kwa Ame national monument
  • Oklahoma lawmakers advance bill to ensure Indigenous students' right to wear tribal regalia at graduation
  • The largest global gathering of Indigenous leaders begins today at the UN. Here’s what you need to know
  • States try to protect tribes' rights in child custody cases as Supreme Court weighs law
  • White House report highlights voting barriers for Native American voters