Indian Law Bulletins Updated 8/31

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
Two petitions for certiorari were filed on 8/21/21:

• Oklahoma v. Mize (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Williams (McGirt v. Oklahoma; Criminal Jurisdiction)

One petition for certiorari was filed on 8/23/21:

• Grand River Enterprises Six Nations v. Boughton (Taxation; Tobacco Master Settlement Agreement Complementary Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Rosebud Sioux Tribe v. United States (Treaty Rights; Health Care)
• Pasqua Yaqui Tribe v. United States Environmental Protection Agency (Clean Water Act; Navigable Waters Protection Rule)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Matter of A.L. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• H.R.5098 - To amend the Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2012 to remove the restriction on class II gaming on certain land in California.
• H.R.5119 - To amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• An 'unfulfilled, hollow promise': Lyng, Navajo Nation, and the substantial burden on Native American religious practice.
• The Oglala Lakota and the right to health: The forgotten Americans.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Appeals court rules 'government must do better' on Rosebud health care
• Muscogee Nation: Tribal sovereignty is not a threat to Oklahoma
• End the filibuster to protect Indian voting rights
• Non-profits, tribes, and other rural-serving groups can now apply for federal Emergency Rural Health Care Funds
• Tohono O'odham Nation awarded $200,000 for Environmental Justice Projects under the American Rescue Plan
• Tribally-chartered Comanche Academy set to open, uniquely expanding tribal education sovereignty
• New bill would ban Native American mascots in N.H. schools
• Montclair art exhibit: 'How color changed Navajo textiles'
• Art installations remind LA residents they’re on ‘TONGVALAND’

Indian Law Bulletins Update 8/25

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was denied in one case on 6/1/21, and its rehearing was denied on 8/23/21:

• Oxendine-Taylor v. Eastern Band of Cherokee Indians (Civil Jurisdiction; Estates)

One petition for certiorari was filed in one case on 8/13/21:

• Clay v. Commissioner of Internal Revenue (Per Capita Payments; Taxation)

Eight petitions for certiorari were filed on 8/16/21:

• Oklahoma v. Brown (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Davis (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Hathcoat (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Howell (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Jackson (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Kepler (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Mitchell (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Starr (McGirt v. Oklahoma; Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Native Village of Nuiqsut v. Bureau of Land Management (Administrative Procedure Act; National Environmental Policy Act)
• Cook Inlet Tribal Council, Inc. v. Dotomain (IHS Contracts; Indian Self-Determination and Education Assistance Act)
• Mattwaoshshe v. United States (Wind Energy; National Environmental Policy Act; Endangered Species Act)
• Larson v. United States (Federal Tort Claims Act; Tribal Trust Land)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Interest of T.H. (Indian Child Welfare Act)
• Aimee H. v. Department of Child Safety (Indian Child Welfare Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Scattered to the winds?: Strengthening the National Historic Preservation Act's tribal consultation mandate to protect Native American sacred sites in the renewable energy development era.
• Domestic violence, the Indian Child Welfare Act, and Alaska Natives: How domestic violence is weaponized against Alaska Native survivors.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Oklahoma files more petitions seeking high court reversal of McGirt
• ‘Coming full circle’: Native tapped to lead national parks
• Pascua Yaqui settle lawsuit against removal of early voting site
• President Nez welcomes U.S. Secretary of Energy Granholm to the Navajo Nation to discuss renewable energy
• Indian Health Service awards $25 million for 14 tribal health facilities
• Scanning the horizon: Opportunities for environmental justice and stewardship in Indian Country
• The effort to save Upper Klamath Lake’s endangered fish before they disappear
• Season 2 of 'This Land' uncovers rightwing efforts to dismantle the Indian Child Welfare Act
• Monument honoring tribes to be placed where Junipero Serra statue was toppled last summer

Indian Law Bulletins Updated 8/11

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/
NARF also invites current law clerks and recent law school graduates with a strong background in federal Indian law and public service to apply for a two-year fellowship to focus on voting rights and environmental issues. Blaustein Fellowship deadline is August 13, 2021.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Snoqualmie Indian Tribe v. Washington (Treaty Rights - Hunting)
• Carney v. State of Washington (Private Property; Tribal Sovereign Immunity)
• Sisto v. United States (Federal Tort Claims Act; Indian Self-Determination and Education Assistance Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Lavallie v. Jay (Jurisdiction; Personal Injury)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

• Comingdeer v. Cherokee Nation Election Commission (Tribal Elections; Tribal Law)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2702 - A bill to protect the voting rights of Native American and Alaska Native voters.
• S.2705/H.R.4995 - A bill to require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• 'A national disgrace': Years after promised reforms, people keep dying at federal tribal jails
• Colville Tribes sue U.S. government, seeking damages for failure to manage forests that burned in massive 2015 wildfires
• Indigenous-led tech solutions for a better planet
• National Science Foundation awards $10M to alliance of Native American institutions, UC Berkeley, and UArizona to increase Indigenous participation in higher ed
• Morongo authorized by U.S. Environmental Protection Agency to implement Federal Clean Air Act
• Greenville Rancheria health and tribal offices destroyed by Dixie Fire
• Indigenous communities are still fighting for the return of their ancestors
• NDN Collective sends memo re: Link between Missing and Murdered Indigenous Women and Relatives, climate crisis to Biden administration
• Is travel next in the fight over who profits from Native American culture?

Indian Law Bulletins Updated 8/4

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Becker v. Ute Indian Tribe (Tribal Sovereign Immunity; Exhaustion of Tribal Court Remedies)
• Carney v. State of Washington (Trust Land; Tribal Sovereign Immunity; Jurisdiction)
• Western Watersheds Project v. Bureau of Land Management (Thacker Pass Lithium Mine Project; Tribal Intervention)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• People of the State of Michigan v. Magnant (Tobacco Products Tax Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2522/H.R.4783 - To amend the Internal Revenue Code of 1986 to treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax.
• S.2523/H.R.4784 - To amend the Internal Revenue Code of 1986 to modify the rules for tribal economic development bonds.
• S.2524 - A bill to amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility or certain programs, and for other purposes.
• S.2577 - A bill to amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.
• H.R.4839 - To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act.
• H.R.4881 - To direct the Secretary of the Interior to take into trust for the Pascua Yaqui Tribe of Arizona certain land in Pima County, Arizona, and for other purposes.
• H.R.4913 - To amend the Indian Health Care Improvement Act to expand the Purchased/Referred Care Delivery Area for the Tunica-Biloxi Tribe of Louisiana to include Brazoria County and Harris County in the State of Texas, 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/2021.html

• The execution of Lezmond Mitchell: An analysis of federal Indian law, criminal jurisdiction, and the death penalty as applied to Native Americans.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Lawsuit filed against state of Montana to require documentation of Indian Education for All
• Battle over Skagit River dam heads to court
• Climate change is endangering sacred land. For these Native women, it threatens 'everything we are.'
• Reviving traditional Apsáalooke water sources
• Lummi Nation reimagines foster care for Indigenous families
• Cherokee Nation, Eastern Band of Cherokee Indians join to protect, preserve Cherokee language, culture
• State Native American panel to investigate Cal State Long Beach actions at Puvungna
• Indian Health Service announces new chief medical officer
• 'We're not stoic': Book traces the history of Native Americans in history

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