August 31, 2022

Indian Law Bulletins Updated 8/31/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Beam v. Office of Navajo and Hopi Indian Relocation (Navajo–Hopi Settlement Act; Administrative Procedure Act)
  • United States of America v. Skeet (Migratory Bird Treaty Act; Bald and Golden Eagle Protection Act; Treaty Rights; Religious Freedom Restoration Act)
  • Silva v. Farrish (Sovereign Immunity; Fishing Rights)
  • Kewadin Casinos Gaming Authority v. Draganchuk, et al. (Tribal Sovereign Immunity; Indian Gaming Regulatory Act)
  • Swinomish Indian Tribal Community v. BNSF Railway Company (Breach of Contract; Trespass on Indian Lands)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re Ricky R. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Swinomish Indian Tribal Community v. James Edwards (Discovery)
  • Swinomish Tribal Community v. 2002 BMW (r.o. San Juanita Lazono) (Indian Civil Rights Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2022-23 Season (Interior)
  • Notice of Intent To Prepare a Resource Management Plan for the Bears Ears National Monument in Utah and an Associated Environmental Impact Statement (Interior)
  • Annual Meeting of Federal Partners and Tribal 477 Workgroup Under Indian Employment, Training and Related Services Act of 2017 (Interior)
  • Tribal Consultation for Ownership and Control and Contractual Assistance; Requirements for the 8(a) Business Development (BD) Program and other Planned 8(a) BD Program Regulatory Proposals (Small Business Administration)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • The Indian Child Welfare Act as reproductive justice.
  • Perpetuated in righteousness : Proposals for strengthening Hawai'i's "ceded land" protections.
  • How Section 2 of the Voting Rights Act and one civil rights lawyer transformed the electorical success of Native Americans and Chicanos in New Mexico.
  • The power of reciprocity : How the Confederated Salish & Kootenai water compact illuminates a path toward natural resources reconciliation.
  • Unrealized federal Indian water rights on the Colorado River : An opportunity for equity and conservation.
  • Private climate governance in Australia : Indigenous land use agreements and the majority default rule.

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

This week, in brief:

  • The Inflation Reduction Act: How do tribal communities benefit?
  • Funders commit $6.25 million for Indigenous early childhood education
  • Urban American Indian communities may soon get better access to healthcare
  • A federal appeals court says the state can't tax tribal lands that once fell out of tribal hands
  • Colorado River Basin tribes work to protect their water rights
  • Utah sues Biden over Bears Ears, Grand Staircase restorations
  • Trial over the legality of Montana's new voting restrictions ends

Announcements:

  • The Native American Rights Fund is hiring for the open position of Project Coordinator (The Implementation Project) in the Boulder office. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/
  • The 2022 edition of Labor and Employment Law in Indian Country is now available! Order the book from Drummond Woodsum, NARF’s partner-publisher.
  • Landmark Indian Law Cases, second edition, is now avaialble! Purchase the book from the publisher's website.

August 24, 2022

Indian Law Bulletins Updated 8/24/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Ute Indian Tribe of the Uintah and Ouray Reservation v. United States Department of the Interior, et al. (Trust Relationship; Water Rights)
  • Platform 10, LLC v. Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Tribal Sovereign Immunity)
  • LS3 Inc. v. Cherokee Nation Strategic Programs, L.L.C., et al. (Economic Development; Breach of Contract)
  • Lower Brule Sioux Tribe v. Lyman County (Voting Rights; Redistricting)
  • Stimson Lumber Company v. Coeur d'Alene Tribe (Tribal Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • In re E.L. et al., Minors. AIDA R. v. E.O. et al. (Indian Child Welfare Act)
  • State of Oklahoma v. Ward (Criminal Jurisdiction)
  • Fashion Outlets at Foxwoods, LLC v. BC Fox, LLC (Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Turpen v. Turpen (Tribal Court Jurisdiction)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Tribal Tourism Grant Program; Solicitation of Proposals (Interior)
  • Solicitation for Members of the Ocean Exploration Advisory Board (Commerce)
  • Announcement of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders Meeting (Health and Human Services)
  • 2020 Census Tribal Consultation; Virtual Public Meeting (Commerce)
  • National Tribal Broadband Grant; Solicitation of Proposals (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Money, money, money : Revenue is funny in a McGirt world
  • The terms of their deal : Revitalizing the treaty right to limit state jurisdiction in Indian Country
  • Tribal nations and abortion access : A path forward
  • Preemption, commandeering, and the Indian Child Welfare Act
  • Missing the mark : A critical analysis of the rights of nature as a legal framework for protecting Indigenous interests

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

  • How TikTok activists are fighting to end Native mascots in schools
  • Supporters of the Indian Child Welfare Act send 21 briefs to U.S. Supreme Court
  • Tribe seeks state recognition for enrollment cards
  • FEMA releases first-ever national tribal strategy
  • Bruce Babbitt: Tribes need to be involved in water talks
  • How jurisdictional mazes affect Indigenous survivors of violent crimes
  • Alaska election officials sued over lack of process for letting voters fix ballot errors
  • Native Americans continue to fight discriminatory voter ID laws in North Dakota
  • Native Americans' right to vote has always been a question in South Dakota
  • Montana election laws probed during marathon trial's first week
  • Tribal leader: Without election day voting, ballot collection, Native Americans don’t have a voice
  • Voting rights in the United States: A state-by-state analysis

August 17, 2022

Indian Law Bulletins Updated 8/17/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • GTEC Industries Inc. v. Guzman (Economic Development; Tribal Recognition)
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers (Indian Taxation; Treaty Rights)
  • Engasser v. Tetra Tech, Inc. (Tribal Sovereign Immunity)
  • Cayuga Nation v. Parker (Economic Development; Tribal Law)
  • Lower Brule Sioux Tribe v. Lyman County (Voting Rights; Redistricting)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • L.B. v. United States (Federal Tort Claims Act)
  • Simmons v. Washington (Aboriginal Title; Off-Reservation Fishing Rights)
  • Rabang v. Gilliland (Tribal Sovereign Immunity)
  • In re S.H. (Indian Child Welfare Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Commerce - Extension of Public Comment on a Supplemental Draft Environmental Impact Statement Regarding the Makah Tribe's Request To Hunt Eastern North Pacific Gray Whales
  • Veterans Affairs - Solicitation of Nominations for the Appointment to the Advisory Committee on Tribal and Indian Affairs, Indian Health Service, Billings Area Representative
  • Health and Human Services - Healthy Lifestyles in Youth Project
  • Interior - Self-Governance PROGRESS Act Negotiated Rulemaking Committee; Notice of Meeting

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Circuit split may force tribal nations into bankruptcy courts
  • McGirt v. Oklahoma : The most impactful Indian law case in a century?
  • Indigenous erasure in public schools : Critical race theory, discrimination, remedies
  • ICWA : The gold standard, golden nuggets of evidence from Arizona
  • “Authentic” from time immemorial : Reforming Evidence Rule 902 to reflect tribal sovereignty
  • Tribal labor and employment law : The Navajo Preference in Employment Act
  • Oral history on trial
  • The Cabazon decision, 35 years on
  • Indian law from behind the bench : A law clerk’s perspective
  • Dispossession : An American property law tradition
  • Lawyering the Indian Child Welfare Act
  • Manifesting a better destiny : Interest convergence and the Indian Claims Commission
  • Pandemics in Indian Country : The making of the tribal state
  • Expanding renewable energy tax credits to tribal governments : How current legislative proposals will benefit tribes and their members in their continued efforts to address climate change

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

This week, in brief:

  • $1B added to tribal broadband program
  • The tribal gaming industry is bouncing back after pandemic closures
  • ‘Largest Investment Ever’ on Climate Change Passes Senate, Including $272.5 Million for Tribes
  • Abortion Was Already Inaccessible on Reservation Land. Dobbs Made Things Worse
  • National Indian Health Board announces A.C. Locklear as new Federal Relations Director
  • Historic Alaska Tribal Child Welfare Compact becomes Law
  • Prairie Band Potawatomi take historic step toward reclaiming land
  • California Indian Tribes Denied Resources for Decades as Federal Acknowledgement Lags
  • Three Sources on the Respect for and Availability of Tribal Law
  • Voting laws trial begins by zeroing in on how new regs affect Native Americans
  • Tribal leader: Without Election Day voting, ballot collection, Native Americans don’t have a voice
  • Trial starts in challenge to new Montana voting laws
  • Lower Brule Sioux Tribe voters win in voting rights case against Lyman County
  • NATIVE VOTING RIGHTS: Miguel H. Trujillo made his mark