September 13, 2023

Indian Law Bulletins Updated 9/13/2023

U.S. Supreme Court Bulletin

One petition for certiorari was filed on 9/5/23:

  • Klamath Irrigation District v. United States Bureau of Reclamation (Water rights; the McCarran Amendment)

Federal Courts Bulletin

  • Swinomish Indian Tribal Community v. Lummi Nation (Fishing Treaty Rights)
  • United States v. Klamath Drainage District (Tribal Water and Fishing Rights)
  • California v. Azuma Corporation, et al. (Ex parte Young; Prevent All Cigarette Trafficking (PACT Act))
  • Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Attorney Fees)
  • Gila River Indian Community, and San Carlos Apache Tribe v. Schoebroek (Water Rights)
  • United States, Puyallup Tribe of Indians, et al. v. Electron Hydro, LLC and Fischer (Clean Water Act)
  • Pueblo of Pojoaque and Buffalo Thunder, Inc. v. Biedscheid and Pena (Indian Gaming Regulatory Act; State Tort; Anti-Injunction Act)
  • Butler v. Salt River Pima Reservation Police (Tribal Sovereign Immunity)
  • Jamul Action Committee v. Department of the Interior, Office of Indian Gaming (Gaming Compact; Freedom of Information Act; Tribal Sovereign Immunity)
  • Chase, et al. v. Andeavor Logistics, L.P., et al. (Allotted Lands; Trespass)

State Courts Bulletin

  • In re Jerry R. (Indian Child Welfare Act)
  • In re V.C. (Indian Child Welfare Act)
  • Pitoitua v. Gaube (Tribal Sovereign Immunity)
  • Westlands Water District v. All Persons Interested (Resource Management)
  • In re N.F. (Indian Child Welfare Act)

U.S. Regulatory Bulletin

  • Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands (Interior)

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

  • Centering Mni Waconi in water law.
  • Does expanding tribal jurisdiction improve tribal economies: Lessons from Arizona.
  • Fighting fire with fire: How NEPA's emphasis on risk prevents prescribed burns and intensifies wildfire.
  • In the room where it happens: How federal appropriations law can enforce tribal consultation policies and protect native subsistence rights in Alaska.
  • Indian boarding school deaths and the Federal Tort Claims Act: A route to a remedy.
  • A mother's domicile in the Indian Child Welfare Act: In re adoption of B.B.
  • Navajo statehood: From domestic dependent nation to 51st state.
  • Property and more-than-human personhood.
  • Rights of nature in HawaiĘ»i: Preserving the relationship between natural resources and cultural significance.

News Bulletin

This week, in brief:

  • National Native American Boarding School Healing Coalition launches interactive map of United States’ 523 American Indian boarding schools
  • Dept. of the Interior cancels all oil and gas leases in the Arctic National Wildlife Refuge; protects 13 million acres in National Petroleum Reserve in Alaska
  • How the land back movement is unraveling manifest destiny
  • In renaming of Mount Evans, Colorado grapples with its violent territorial past
  • Tribal nations face less accurate, more limited 2020 census data because of privacy methods