November 1, 2023

Indian Law Bulletins Updated 11/1/2023

U.S. Supreme Court Bulletin

One petition for certiorari was denied on 10/30/23:

  • Klamath Irrigation District v. United States Bureau of Reclamation (Federal Rule of Civil Procedure 19 (Required Joinder of Parties))

One application for a stay was denied on 10/25/23:

  • West Flagler Associates, Ltd. v. Haaland (Indian Gaming Regulatory Act)

Federal Courts Bulletin

  • Littlefield v. U.S. Department of the Interior (Fee to Trust; Administrative Procedure Act)
  • Spencer v. Lewis, et al. (Tribal Court Jurisdiction; Indian Child Welfare Act)
  • United States v. Walker (Indian Country; Proof of Indian Status)
  • Balli v. Akima Global Services, LLC (Title VII; Alaska Native Corporation)
  • Ferguson v. Hittle, et al. (§ 1983 Claim; Tribal Sovereign Immunity for Employees)
  • Berry Creek Rancheria of Maidu Indians of California v. California (Indian Gaming Regulatory Act)

Tribal Courts Bulletin

  • Thompson v. Smoker and Thompson (Paternity; Child Support Enforcement)

State Courts Bulletin

  • In the Matter of Z.N.-M. (Indian Child Welfare Act)
  • In the Matter of Jane Doe I (Indian Child Welfare Act)
  • Rivera v. Cataldo (1920 Hawaiian Homes Commission Act)
  • In the Matter of the Dependency of C.M.L. and C.S.S. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin

  • S.3130 - Restoring Accountability in the Indian Health Service Act of 2023 / A bill to amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes.
  • S.3154 - Tribal Child Support Enforcement Act / A bill to improve the effectiveness of tribal child support enforcement agencies, and for other purposes.
  • S.Res.426 - A resolution designating November 4, 2023, as "National Bison Day".
  • S.Res.433 - A resolution commemorating the 80th anniversary of the establishment of the Missisquoi National Wildlife Refuge.
  • H.Res.822 - Commemorating the 80th anniversary of the establishment of the Missisquoi National Wildlife Refuge.

U.S. Regulatory Bulletin

  • Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7; Correction (Interior)
  • Announcement of Award of a Non-Competitive Cooperative Agreement (National Endowment for the Humanities)

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

  • Centering Indigenous and community fisheries in global fisheries governance.
  • Decisions impacting Indian Country in the 2023 US Supreme Court term.
  • A path forward: Litigating the treaty-based claims of children sexually abused in the Indian Health Service system.
  • The South Dakota Native Homeownership Coalition: Celebrating ten years of impact.
  • The specter of Indian removal: The persistence of state supremacy arguments in federal Indian law.

News Bulletin

This week, in brief:

  • Parties in Snake River salmon litigation ask court for more time
  • Utah leaders appeal dismissal of Bears Ears, Grand Staircase-Escalante monuments lawsuit
  • Tribal co-management of federal public lands leads to new protections
  • Indigenous data warriors and the ongoing fight for data sovereignty
  • President Biden’s Investing in America agenda supports $327 million investment to fulfill Indian Water Rights Settlements