October 4, 2023

Indian Law Bulletins Updated 10/4/2023

U.S. Supreme Court Bulletin

One motion for leave to file a bill of complaint was filed on 7/26/2023:

  • Alaska v. USA (Bristol Bay Pebble Mine; Clean Water Act; state sovereignty)

Four petitions for certiorari were denied on 10/2/2023:

  • Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation (Tribal sovereign immunity from suit)
  • Conference of Presidents of Major Italian American Organizations v. City of Philadelphia (Standing to challenge public holiday)
  • Martin v. Sandoval County, New Mexico (New Mexico Rule of Civil Procedure 19 (Required Joinder of Parties))
  • Sauk-Suiattle Indian Tribe v. City of Seattle (Federal court jurisdiction)

Federal Courts Bulletin

  • United States v. Abousleman (Water Rights; Winters Doctrine)
  • Jeremiah M., Hannah M. and Hunter M., et al. v. Crum, et al. (Indian Child Welfare Act; Placement Preference)
  • Ute Indian Tribe of the Uintah and Ouray Indian Reservation v. United States Department of the Interior, et al. (Water Rights; Federal Trust Duties)
  • Pollard, et al. v. Johnson, et al. (Federal Subject Matter Jurisdiction; Federal-Aid Highway Act; Grable Exception)

Tribal Courts Bulletin

  • Shaevitz v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Negligence)

State Courts Bulletin

  • Matter of Guardianship of L.C. (Indian Child Welfare Act)
  • In the Matter of B. P., a Child. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin

  • S.2958 - Strengthening Coastal Communities Act of 2023 / An original bill to amend the Coastal Barrier Resources Act to make improvements to that Act, and for other purposes.
  • S.2970 - A bill to amend title 5, United States Code, to designate Indigenous Peoples' Day as a legal public holiday, to replace the term "Columbus Day" with the term "Indigenous Peoples' Day", and for other purposes.
  • H.R.5822 - To designate Indigenous Peoples' Day as a legal public holiday and replace the term "Columbus Day" with the term "Indigenous Peoples' Day", and for other purposes.
  • H.R.5831 - To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
  • H.R.5865 - To require the Secretary of the Army to establish a pilot program to protect Native American burial sites, village sites, and cultural resources discovered at Corps of Engineers civil works projects in the Sacramento River watershed, and for other purposes.

U.S. Regulatory Bulletin

  • Special Diabetes Program for Indians (HHS)
  • Notice of Approval Status; EPA Plan for the Federal Certification of Applicators Within Indian Country (EPA)
  • Proclaiming Certain Lands as Reservation for Kalispel Indian Community of the Kalispel Reservation (Interior)
  • Proclaiming Certain Lands as Reservation for Confederated Tribes of the Chehalis Reservation of Washington (Interior)

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

  • The administration of injustice: The conflict between federal and tribal criminal jurisdiction.
  • Enslaved in a free country: Legalized exploitation of Native Americans and African Americans in early California and the post-emancipation South.
  • A genocide the world has ignored: Holding governments and the Catholic Church accountable for residential and boarding schools through the ICC.
  • Indian Country’s continued struggle with the opioid crisis: Focused problem areas, the federal government’s response, and what more can be done.
  • Pachamama over people and profit: A case for Indigenous ecology and environmental personhood.
  • A portrait of tribal courts: Tribal court tools and levers to ensure procedural fairness for self-represented litigants.
  • The winding trail: A look at non-linear temporality in literary works in response to the issue of sovereignty.
  • Winner, best appellate brief in the 2023 Native American Law Student Association Moot Court Competition.

News Bulletin

This week, in brief:

  • For the first time, Colorado details dark historical chapter of attempted forced assimilation of Indigenous children in extensive report
  • Indigenous Peoples’ Day Act reintroduced in Congress
  • Rejected by US courts, Onondaga Nation take centuries-old land rights case to international panel
  • Judge rules two freedmen eligible for tribal citizenship of Muscogee (Creek) Nation, tribe appeals
  • Southwest Alaska tribes file two separate state appeals challenging the Donlin Gold Mine