January 10, 2024

Indian Law Bulletins Updated 1/10/2024

U.S. Supreme Court Bulletin

Three petitions for certiorari were denied on 1/8/24:

  • Alaska v. USA (Breach of contract; Administrative Procedure Act; Takings)
  • Klamath Irrigation District v. United States Bureau of Reclamation (Prior exclusive jurisdiction doctrine)
  • Tingle v. Florida Dept. of Health (Due process and equal protection under U.S. and Florida Constitutions)

Federal Courts Bulletin

  • The Church of the Celestial Heart, et al. v. Garland, et al. (Religious Freedom Restoration Act; Ayahuasca)
  • Eagle Bear, Inc. v. The Blackfeet Indian Nation, et al. (Business Leasing; Tribal Trust Land)
  • Lamkin v. Hutchinson, et al. (Tribal Sovereign Immunity for Tribal Employees)
  • NDN Collective, et al. v. Retsel Corporation, et al. (Discrimination; Class Action; Added Parties)
  • United States v. Good Left (Tribal Courts; Domestic Violence; Sentencing Discretion)
  • United States v. Osage Wind, LLC (Trespass; Conversion)
  • Thlopthlocco Tribal Town v. Wiley (Tribal Court Jurisdiction; Tribal Sovereign Immunity)
  • United States v. Gastelum (Ineffective Assistance of Counsel; Double Jeopardy)

State Courts Bulletin

  • Hopi Tribe v. Arizona Corporation Commission (Ripeness; Lack of Jurisdiction)
  • In re L.B. (Indian Child Welfare Act)
  • Seminole Tribe of Florida v. Pupo (Tribal Sovereign Immunity)
  • State ex rel. Children, Youth & Families Department v. Eric E. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin

  • S.3564 - A bill to amend title 40, United States Code, to include Indian Tribes among entities that may receive Federal surplus real property for certain purposes, and for other purposes.
  • H.R.6859 - Gabrielino/Tongva Nation Recognition Act of 2023 / To extend the Federal recognition to the Gabrielino/Tongva Nation, and for other purposes.

Passed legislation:

  • Grand Ronde Reservation Act Amendment of 2023 / To amend the Grand Ronde Reservation Act, and for other purposes. - became Public Law No: 118-32 on 12/26/2023.
  • To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes. - became Public Law No: 118-33 on 12/26/2023.

U.S. Regulatory Bulletin

  • Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (Interior)
  • Removal of Outdated Regulations (HHS)
  • Radio Broadcasting Services; Lac Du Flambeau, Wisconsin (FCC)
  • Revised Final Tribal Consultation Policy (Labor)

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

  • Aia i waiʻoli ke aloha ʻaina: Re-centering ʻaina and Indigenous knowledge for restorative environmental justice.
  • Alaska's contaminated lands are an environmental injustice.
  • Case law on American Indians: October 2022-August 2023.
  • A new Cobell: The needs of a continued buy-back program.
  • A new entry into the anticanon of Indian law: Oklahoma v. Castro-Huerta and the actual state of things.
  • Reclaiming sacred homelands: Asserting treaty rights and the path towards restoration of the Badger-Two Medicine.
  • Rights of nature and Tribal sovereignty: Protecting natural communities, wild rice, and salmon in the United States.
  • Seeking higher ground: Developing a Tribal model code for disaster and emergency management in a complex jurisdictional environment.

News Bulletin

This week, in brief:

  • Tribally-led bison, grassland restoration efforts get $1.5 million
  • Bristol Bay fishermen celebrate Supreme Court decision to reject Alaska v. EPA
  • Judge orders removal of wind farm opposed by Osage
  • Judge orders new North Dakota legislative district for 2 Native American Tribes
  • South Dakota city asks Oglala Sioux Tribe to waive sovereign immunity to fulfill records request