Indian Law Bulletins Updated 6/26/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• Tanner-Brown v. Haaland (Injury-in-Fact; Standing; Freedmen)
• Rincon Mushroom Corporation of America, et al. v. Mazzetti, et al. (Tribal Court; Tribal Regulatory Jurisdiction)
• Santee Sioux Nation v. Tso, et al. (Contracts Dispute Act (CDA); Indian Self-Determination and Education Assistance Act (ISDEAA))
• Rodriguez v. State of Montana (Indian Child Welfare Act; Jurisdiction)
• Chemehuevi Indian Tribe v. United States (Breach of Fiduciary Duties; Tucker Act; Water Rights)
• Quechan Indian Tribe v. United States of America (Cultural Resource Damages; Resource Equivalency Analysis)
• United States of America v. Stevens, et al. (Tribal Property Held in Trust; Permit Default; Trespass)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

• Jones v. Mashantucket Pequot Gaming Enterprise (Negligence; Actual Damages)
• Mathews v. Mashantucket Pequot Gaming Enterprise (Dangerous Condition; Proximate Cause)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

• Surface Water Use Permit Applications, Integration of Appurtenant Rights and Amendments to the Interim Instream Flow Standards, Nā Wai ‘Ehā Surface Water Management Areas of Waihe‘e River, Waiehu Stream, Wailuku River (Previously Known as ‘Īao Stream) and Waikapū Stream, Maui (Water Rights)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• H.R.8790 - To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.
• H.R.8791 - To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• H.R.8829 - To expedite new Tribal court assessments and base support funding, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

• Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2024 Harvest Specifications for Pacific Whiting and 2024 Pacific Whiting Tribal Allocation (Commerce)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

• Access to justice in the shadow of colonialism.
• Batok in the east, aloha in the west: intellectual property protections of Indigenous Peoples in the Philippines and the United States.
• Chief Justice Angela R. Riley and Professor Suzette Malveaux in conversation at the eleventh annual John Paul Stevens Lecture: The third sovereign: Tribal courts and Indian Country justice.
• E hoʻi ka nani i Mokuʻula lā: The Commission on Water Resource Management’s public trust duty to fully restore Mokuʻula and Mokuhinia.
• Naloxone and methadone access in Tribal communities.
• Native nation resistance to the machinations of settler colonial democracy.
• Responsible governance and Tribal customary rights.
• The vision of Chief Justice William S. Richardson.
• Wai ea: restoring Hawaiʻi’s public trust and reclaiming Lahaina’s water future.
• Where’s Mr. Postman? The struggles of voting by mail in Indian Country.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• Federal leaders knew Northwest dams would hurt Native communities — and they approved
• In green energy boom, one federal agency made the Yakama Nation an offer they had to refuse
• Where the buffalo roamed: Bill would return herds to ancestral Native American lands
• They took part in Apache ceremonies. Their schools expelled them for satanic activities
• U.S. Senate unanimously passes bill to return land to Nebraska’s Winnebago Tribe

Indian Law Bulletins Updated 06/18/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was denied on 6/17/24:

• West Flagler Associates v. Haaland (Indian Gaming)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• Swinomish Indian Tribal Community v. BNSF Railway Company (Trespass Restitution)
• Ute Indian Tribe of the Uintah and Ouray Reservation v. Ure, et al. (Sale of Trust Lands; Civil Rights Acts; Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

• Lela Mae Flowers v. Jena Bank of Choctaw Indians, et al. (Tribal Sovereign Immunity)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.4558 - A bill to amend the Immigration and Nationality Act with respect to the right of members of a federally recognized Indian Tribe in the United States and First Nations individuals in Canada to cross the borders of the United States.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

• Regulations Governing the Taking of Marine Mammals (Commerce)
• Strengthening the Section 184 Indian Housing Loan Guarantee Program; Delay of Effective and Compliance Dates (HUD)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

• Arizona v. Navajo Nation.
• Indigeneity in the classroom: Avenues for Native American students to challenge anti-critical race theory laws.
• The link between individual domestic violence and Missing & Murdered Indigenous Women: VAWA is not enough.
• Students for Fair Admissions, Inc. v. University of North Carolina and Haaland v. Brackeen: Lessons on the future of affirmative action for Native American college applicants.
• Tribal sovereignty & sovereign immunity in bankruptcy.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• Railway ordered to pay Washington state Tribe nearly $400M for trespassing
• Report finds Colorado was built on $1.7 trillion of land expropriated from Tribal Nations
• Why so many California Indians lack the federal recognition given to other Native Americans
• Oklahoma City University launches Tribal sovereignty institute
• US bishops release pastoral framework for healing with Native Catholics

Indian Law Bulletins Updated 06/12/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One case was decided on 6/6/24:

• Becerra v. San Carlos Apache Tribe (Indian Self-Determination and Education Assistance Act Contract Support Costs)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• Proctor v. United States (Federal Tort Claims Act (FTCA); Indian Self-Determination and Education Assistance Act (ISDEAA))
• Caremark, LLC, et al. v. Choctaw Nation, et al. (Sovereign Immunity Waiver; Federal Arbitration Act (FAA))
• Metlakatla Indian Community v. Dunleavy, et al. (Off-Reservation Fishing Rights)
• Tohono O'odham Nation, et al. v. United States Department of Interior, et al. (Failure to State a Claim; Administrative Procedures Act (APA); Final Agency Action)
• Townsend Ranch LLC, et al. v. United States (Federal Tort Claims Act (FTCA); Indian Self-Determination and Education Assistance Act (ISDEAA))

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

• Minerva v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Liability; Constructive Notice)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.4471 - A bill to amend part B of title IV of the Social Security Act to support State implementation of Federal standards established under the Indian Child Welfare Act of 1978.
• S.4505 - A bill to approve the settlement of water rights claims of Ohkay Owingeh in the Rio Chama Stream System, to restore the Bosque on Pueblo Land in the State of New Mexico, and for other purposes.
• H.R.8621 - To amend part B of title IV of the Social Security Act to support State implementation of Federal standards established under the Indian Child Welfare Act of 1978.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

• Certification of Tribal Housing Counselors (HUD)
• Notice of Availability of Draft Guidance on Designation of New Regional Ocean Partnerships (Commerce)
• Public Transportation on Indian Reservations Program; Tribal Transit Program; Response to Comments (DOT)
• Announcement of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders Meeting and Solicitation for Oral and Written Comments (HHS)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

• Ada Deer: Champion of social justice.
• Be a good friend: Tips for effective amicus briefing.
• Cultural loss in the context of Indian residential school litigation: Exploring the role of tort law as a tool for transformative reparations.
• Education inequity for Mixtec students in California public schools: A human rights approach to educating Indigenous students not recognized by the U.S. government.
• How Tribes respond to changing environments.
• Indian law in Wisconsin: A primer.
• Is ‘aina still sacred? How Hawaii’s unique environment creates controversies in property ownership in the aftermath of disaster.
• Judge Jo Deen Lowe – a long line of strong women.
• Kathryn Tierney argued landmark Tribal cases.
• Menominee termination and restoration.
• Restructuring American law schools: Peacemaking in first year curriculum. (featuring NARF attorney Brett Lee Shelton)
• Saad eí data: Formalizing the Indigenous data sovereignty movement within the Navajo Nation legal system, a comparison to the Māori's data governance model.
• The space between birthright and blood quantum.
• Towards a more meaningful future: An Indian child welfare law for South Dakota.
• Wisconsin's Tribal gaming compacts and their effects on sovereign immunity.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• Judge dismisses Native American challenge to $10B SunZia energy transmission project in Arizona
• U.S. Supreme Court sides with Tribal nations in dispute with the feds over health care costs
• Lubbock leaders fight for Native inclusive curriculum in Texas
• Community, healing and justice: Indigenous journalists share what reporting on repatriation meant to them
• New assistant U.S. attorney speaks about work with Indigenous communities

Indian Law Bulletins Updated 6/5/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• Old Bull v. United States (Federal Tort Claims Act; Indian Law Enforcement Reform Act)
• Confederated Tribes and Bands of the Yakama Nation, et al. v. United States (Breach of Trust; National Indian Forest Resources Management Act)
• Gila River Indian Community, et al. v. Becerra, et al. (Compact of Self Governance: Veteran Affairs Reimbursement)
• Confederated Tribes of the Colville Reservation v. United States (Breach of Fiduciary Duties; National Indian Forest Resources Management Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

• Lundeen v. Lake County (Access Rights; Negligent Misrepresentation)
• Flying T Ranch Inc. v. Stillaguamish Tribe of Indians (Tribal Sovereign Immunity)
• Matter of Welfare of Children of L.K. and A.S. (Indian Child Welfare Act)
• Kanahele v. State (Hawaiian Homes Commission Act; Trust Breach)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.4442 - Crow Tribe Water Rights Settlement Amendments Act of 2024 / A bill to amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
• S.4444 - Crow Revenue Act / A bill to take certain mineral interests into trust for the benefit of the Crow Tribe of Montana, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

• Arizona v. Navajo Nation and the fight for natural resources in Indian Country.
• Conservation co-governance as a cure: Investigating Aotearoa New Zealand's conservation co-governance model as a blueprint for restoring Navajo sovereignty in managing Canyon de Chelly.
• Defer your deference: How courts should approach the intersection of the Indian canons of construction and Chevron deference.
• Honoring Indigenous sovereignty and consent: Legal frameworks for addressing Indigenous displacement due to climate change.
• Indian Country lawyers: A South Dakota survey.
• Integrating Tribal law into the legal research and writing curriculum: Benefits, challenges, and strategies.
• The Seminole Tribe’s legal battle for online sports betting rights in Florida.
• The STOP Act must yield the right-of-way to grandma’s antique dream catcher: A call to congress.
• Tribes and trilateral federalism: A study of criminal jurisdiction.
• Truth. Regardless of reconciliation?
• Who will speak for the trees? How the Save Our Sequoias Act underscores the urgent need to protect giant sequoias and the Tule River Indian Reservation from wildfire destruction.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• World Intellectual Property Organization (“WIPO”) adopts treaty on genetic resources and associated traditional knowledge
• 100 years after Native people became citizens, voting access is still fraught
• EPA expands role of Tribal rights in setting water quality standards
• Alaska’s Indigenous join hands with whale researchers as Arctic melts
• ‘In the name of God’