July 19, 2023

Indian Law Bulletins Updated 7/19/2023

U.S. Supreme Court Bulletin

The Tribal Supreme Court Project published an Update Memorandum on July 19, 2023: https://sct.narf.org/updatememos/2023/07-19-2023.pdf

Federal Courts Bulletin

  • Western Watersheds Project et al. v. McCullough (Thacker Pass Lithium Mine Project; National Environmental Policy Act; National Historic Preservation Act; Federal Land Policy and Management Act)
  • Turpen v. Muckleshoot Tribal Court (Tribal Court Jurisdiction; Dissolution of Marriage)
  • Lula Williams et al. v. Big Picture loans LLC et al. (Sovereign Immunity)
  • Center for Biological Diversity v. U.S. Department of the Interior (Water Rights; National Environmental Policy Act; Administrative Procedure Act)
  • Sisaudia v. U.S. Department of the Interior, et al. (Tribal Jurisdiction; Child Custody)
  • Hess v. U.S. Department of the Interior, et al. (Tribal Jurisdiction; Child Custody)
  • Seneca v. Great Lakes Inter-Tribal Council, Inc. (Tribal Sovereign Immunity; Employment Discrimination)
  • State of Kansas ex rel. Kobach v. United States Department of Interior (Fee to Trust; Indian Gaming Regulatory Act)
  • WPX Energy Williston, LLC v. Jones (Tribal Court Jurisdiction; Agreement Terms)
  • West Flagler Associates, Ltd. v. Haaland (Tribal Sovereign Immunity; Indian Gaming Regulatory Act)
  • Ferguson v. Hittle, et al. (Section 1983 Claim; Tribal Sovereign Immunity)
  • Mestek v. LAC Courte Oreilles Community Health Center (False Claims Act; Tribal Sovereign Immunity)
  • Wilson v. Department of Interior (Tribal Sovereign Immunity; Internal Affairs of Tribes)
  • Hooper v. City of Tulsa (McGirt v. Oklahoma; Post-Conviction Relief; Section 14 of the Curtis Act)
  • United States v. Peshlakai (Treaty Rights; Federal-Detainer Statute)

Tribal Courts Bulletin

  • Heather Lowy v. Mohegan Tribal Gaming Authority (Negligence)
  • Colville Confederated Tribes v. Justine Jake (Bail Modification)
  • Colville Confederated Tribes v. Melissa Louis-Williams (Tribal Court Bar Membership)

State Courts Bulletin

  • Rancheria v. Martin (Tribal Leadership)

U.S. Legislation - 118th Congress Bulletin

  • S.2273 - Native American Child Protection Act / A bill to amend the Indian Child Protection and Family Violence Prevention Act.
  • S.2285 - A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996.
  • S.2354 - A bill to improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes.
  • H.Res.589 - Calling on the Secretary of Education to work with stakeholders to immediately eliminate race-based Native logos, mascots, and names from State educational institutions, and calling on State educational institutions and national sports franchises to cease the unsanctioned use of such logos, mascots, and names.

U.S. Regulatory Bulletin

  • Native American Employment and Training Council; Charter Renewal (Labor)
  • Catastrophic Health Emergency Fund (HHS)
  • Submission for Office of Management and Budget Review; Guidance for Tribal Temporary Assistance for Needy Families Program (HHS)

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

  • Before "Mine!": Indigenous property rights for jagenagenon.
  • Castro-Huerta: A new era of Indian law?
  • The capitalization of "Tribal Nations" and the decolonization of citation, nomenclature, and terminology in the United States.
  • Indian law resource guide.
  • Indian law section: Q & A with Washington State Bar section chair Bree Black Horse.
  • Justice unveiled.
  • Riding the crest of the wave: A conversation with Tom Tremain about justice, Indian law, and tribal courts.
  • Standing Rock Sioux Tribe: Why winning vacatur under NEPA may not be enough to limit damage to the environment.

News Bulletin

This week, in brief:

  • Tribes object. But a federal ruling approves construction of the largest lithium mine
  • ‘Enough is enough’: Native Hawaiians slam Canada for supporting telescope on sacred land
  • Oil and gas withdrawal around US park stirs debate over economic costs for Native American tribe
  • Senators Ben Ray Luj├ín, Susan Collins reintroduce legislation to protect Native American children
  • Tribes mark 75 years of voting rights, but leaders say they remain vigilant
  • Navajo president presses Congress for more time, money, for water project