April 26, 2023

Indian Law Bulletins Updated 4/26/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

  • Chicken Ranch Rancheria of Me-Wuk Indians v. California (Attorney Fees; Indian Gaming Regulatory Act)
  • Kanam and Pilchuck Nation v. Haaland, et al. (Federal Recognition; Tribal Court Judgment)
  • Greene, et al. v. United States (Oklahoma Criminal Convictions; Treaty of Washington; Limited Jurisdiction)
  • Gilliland v. Barteaux et al. (Indian Civil Rights Act; Tribal Court Jurisdiction)
  • Center for Biological Diversity, et al. v. U.S. Forest Service, et al. (Preliminary Injunction; Knotty Pine Project; Grizzly Bear)
  • Mandan, Hidatsa and Arikara Nation v. United States Department of the Interior (Mineral Royalties; State Intervention)
  • Alturas Indian Rancheria v. Newsom (Indian Gaming Regulatory Act; Good Faith Negotiation)
  • Garcia, III v. Hobbs, et al. (Equal Protection; Racial Gerrymander)
  • In re Gold King Mine Release in San Juan County, Colorado, on August 5, 2015 (Tort Damages; Restoration Costs)
  • Eagle Bear, Inc. v. Blackfeet Indian Nation (Additional Discovery)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

  • In the Matter of S.J.W. (Indian Child Welfare Act)
  • In re Manuel C. (Indian Child Welfare Act)
  • M. Y. v. Texas Department of Family and Protective Services (Indian Child Welfare Act)
  • In the Matter of 2021 Redistricting Cases (Legislative Redistricting)
  • Friends of Oceano Dunes v. California Coastal Commission (Intervention; Regulatory Authority)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

  • S.1286 - A bill to amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of Siletz Indians, and for other purposes.
  • S.1287 - A bill to amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of the Grand Ronde Community, and for other purposes.
  • H.R.2762 - To remove administrative barriers to participation of Indian tribes in Federal child welfare programs, and increase Federal funding for tribal child welfare programs, and for other purposes.
  • H.R.2783 - To establish an integrated research, education, and extension competitive grant program and scholarship grant program for certain Asian American Native American Pacific Islander-Serving agricultural institutions, and for other purposes.
  • H.R.2839 - To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes.
  • H.R.2850 - To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

  • Approval and Promulgation of Air Quality Implementation Plan; Mohegan Tribe of Indians of Connecticut (EPA)
  • Major Portion Prices and Due Date for Additional Royalty Payments on Gas Produced From Indian Lands in Designated Areas That Are Not Associated With an Index Zone (Interior)
  • Elimination of the Tribal Non-Federal Share Requirement (HHS)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

  • After Brackeen: Funding tribal systems.
  • Appellate courts: Stop accepting an "absurd" First Amendment analysis for Native Nations' sacred site destruction.
  • Blood quantum and the ever-tightening chokehold on tribal citizenship: The reproductive justice implications of blood quantum requirements.
  • Brackeen and the "domestic supply of infants."
  • “The gold standard of child welfare” under attack: The Indian Child Welfare Act and Haaland v. Brackeen.
  • Oklahoma v. Castro-Huerta--Rebalancing federal-state-tribal power.
  • The promise at the end of the trail: Using McGirt to close the tribal enterprise performance gap.
  • The Religious Freedom Restoration Act and Indian law: From individual advocacy to collective action.
  • The role of environmental law in addressing the violent effects of resource extraction on Native women.
  • Standing matters: Brackeen, Article III, and the lure of the merits.
  • An unexpected challenge: The consequence of a limited tribal appellate caseload.

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

This week, in brief:

  • Interior secretary visits WA in wake of boarding school revelations
  • Judge denies state's effort to dismiss Indian education lawsuit
  • Scramble for clean energy metals confronted by calls to respect Indigenous rights
  • Walns settle lawsuit against school district over traditional graduation regalia
  • San Carlos Apache take copper mine fight to United Nations
  • Free, prior and informed consent ‘is more than just a checklist’
  • SCOTUS hears arguments in bankruptcy case that has implications for doing business in Indian Country
  • WA launches cold case unit for missing and murdered Indigenous people