June 28, 2023

Indian Law Bulletins Updated 6/28/2023

U.S. Supreme Court Bulletin

One case was decided on 6/22/23:

  • Arizona v. Navajo Nation (Breach of trust and water rights)

One petition for certiorari was denied on 6/26/23:

  • Halvorson v. Hennepin County Children's Services Department (State court transfer of child custody proceeding to tribal court)

Federal Courts Bulletin

  • Tsosie v. N.T.U.A. Wireless LLC, et al. (Tribal Immunity; Tribal Corporation)
  • Salt v. Office of Navajo and Hopi Indian Relocation (Administrative Procedure Act; Navajo and Hopi Indian Land Settlement Act of 1974)
  • Graham v. White (McGirt v. Oklahoma; Post-Conviction Relief; Due Process)
  • Adams v. Baker and Mathew (Tribal Jurisdiction; Younger Abstention Doctrine)
  • United States v. McGirt (Major Crimes Act; Treaty Rights)
  • Steiner v. Kempster (§ 1983 Claim; Tribal Authority)

State Courts Bulletin

  • In re Manuel C. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin

  • S.2088 - A bill to direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes.
  • H.R.4356 - To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.

U.S. Regulatory Bulletin

  • Notice To Announce Tribal Consultation for an All of Us Research Program Update and To Discuss the Program's Policies and Protections Around Data Access and Use Statement for Fiscal Year 2023 (HHS)
  • Tribal Listening Sessions for Small Business Development Centers (Small Business Administration)

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

  • Volume 22 of the Tribal Law Journal is dedicated to Native American Rights Fund Executive Director John Echohawk. Find all of the issue's articles in NILL's online catalog as well as listed on our 2023 Law Review & Bar Journal Articles page, including the article "'Subsistence is cultural survival': Examining the legal framework for the recognition and incorporation of traditional cultural landscapes within the National Historic Preservation Act" written by NARF attorney Wesley James Furlong.
  • Are we atoning for our past or creating more problems: How COVID-19 legislative relief laws are shaping the identities of Indigenous populations in North America.
  • “Aspirations”: The United States and Indigenous Peoples’ human rights.
  • “Entitled to our land”: The settler colonial origins of the University of California.
  • Fintech regulation in the Catawba Digital Economic Zone.
  • Fracked regulation: How regulatory exemptions for fracking harm tribal waters.
  • Some land back: The transfer of federal public lands to Indian tribes since 1970.
  • Textualism and another broken promise: Retroactivity and McGirt v. Oklahoma.

News Bulletin

This week, in brief:

  • DOE announces $8M for Native programs, language in schools
  • Maine Legislature votes to expand sovereignty for Native American tribes
  • Oregon Senate votes to establish task force on tribal consultation
  • Appeals court to hear challenges to lithium mine from environmentalists, tribes
  • Restoring lost lands
  • South Dakota needs specific child welfare laws for Native Americans, officials say
  • Analyzing Justice Gorsuch's ICWA concurrence
  • Nebraska Supreme Court acknowledges state courts' obligation to follow Indian Child Welfare Act
  • Supreme Court ruling on bankruptcy code may have far-reaching implications for tribal business arrangements
  • Supreme Court keeps the Navajo Nation waiting for water
  • Supreme Court rejects Navajo Nation’s water rights trust claim