June 21, 2023

Indian Law Bulletins Updated 6/21/2023

U.S. Supreme Court Bulletin

Two cases were decided on 6/15/2023:

  • Haaland v. Brackeen (Indian Child Welfare Act)
  • Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Tribal sovereign immunity from suit under the Bankruptcy Code)

Federal Courts Bulletin

  • Unkechaug Indian Nation v. New York State Department of Environmental Conservation (Treaty Fishing Rights)
  • Bad River Band of Lake Superior Tribe of Chippewa Indians of Bad River Reservation v. Enbridge Energy Company, Inc. (Public Nuisance; Trespass on Indian Lands)
  • Friends of Alaska National Wildlife Refuges v. Haaland (Land Exchange Agreement; Mootness)
  • Buena Vista Rancheria of Me-Wuk Indians v. Pacific Coast Building Products, Inc. (Nuisance; Trespass; Ripeness)
  • Wilson v. Oglala Sioux Tribe Election Commission (Tribal Sovereign Immunity)
  • Bowman v. Pathfinder Solutions, LLC (Improper Removal; Fee Land; Cayuga Nation Police Department)
  • Mound v. United States (Federal Tort Claims Act; Sovereign Immunity)
  • United States v. Sampson (Sentencing Disparity)
  • United States v. Archer (Conspiracy; Securities Fraud)

Tribal Courts Bulletin

  • Palmer v. Mohegan Tribal Gaming Authority (Negligence)
  • Rude v. Orr (Modification of Parenting Plan)
  • Shramek v. Mashantucket Pequot Gaming Enterprise (Dangerous Condition)
  • Nambu v. Mashantucket Pequot Tribal Nation (Dram Shop Law)

State Courts Bulletin

  • In re H.B. (Indian Child Welfare Act)
  • In re Cal. E. (Indian Child Welfare Act)
  • In the Matter of S. H. P., aka S. T., aka S. T., a Child (Indian Child Welfare Act)
  • State ex rel. Delaware Tribe of Indians v. Nowicki-Eldridge (Indian Child Welfare Act)
  • Seminole Tribe of Florida v. Manzini (Tribal Sovereign Immunity)
  • The Miccosukee Tribe of Indians of Florida v. Lewis (Attorney's Fees)

U.S. Legislation - 118th Congress Bulletin

  • S.1889 - A bill to provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.
  • S.1898 - A bill to amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
  • S.1941 - A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
  • S.1987 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.1998 - A bill to amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.
  • H.R.3976 - To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
  • H.R.4155 - To provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.

U.S. Regulatory Bulletin

  • American Indian Probate Regulations; Corrections (Interior)
  • Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7 (Interior)
  • Alaska Native Claims Selections (Interior)

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

  • The constitutionality of VAWA 2022’s Special Tribal Criminal Jurisdiction and the native origins of restorative justice in combatting gender-based violence.
  • Legislative constitutionalism and federal Indian law.
  • Modernizing the Columbia River Treaty: Two proposals to elevate the ecosystem and to include tribes.
  • Tribes, nations, states: Our three commerce powers.

News Bulletin

This week, in brief:

  • Boarding school legislation passes Senate Committee on Indian Affairs
  • Enbridge ordered to end operations on tribal lands in Wisconsin
  • 2 more tribes make historic co-management agreements with Oregon
  • Indigenous farmers hope their knowledge of regenerative practices can influence others
  • Criticism, praise directed at Chaco 10-mile buffer order issued by interior secretary
  • The economic impact of SCOTUS upholding the Indian Child Welfare Act
  • The Supreme Court upheld ICWA. Now what?
  • The Supreme Court leaves Indian Child Welfare Act intact
  • SCOTUS issues 8-1 ruling to strip tribal sovereign immunity from bankruptcy code
  • Lawsuit that claims Native American vote was diluted by North Dakota lawmakers given to judge
  • Fort Belknap tribal water settlement bill sees first-time bipartisan support
  • A look at the water agreements the government is making with Native American tribes