Indian Law Bulletins Updated 1/26/22

The Native American Rights Fund is hiring for the open position of Staff Attorney in Washington, D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Thirty-two petitions, all related to McGirt v. Oklahoma, were denied on 1/24/22. (For the full list of denied petitions, see: http://www.narf.org/nill/bulletins/sct/2021-2022update.html#denied.)
• A petition for certiorari was granted on 1/21/22:
• Oklahoma v. Castro-Huerta (Criminal Jurisdiction over Non-Indians in Indian Country)

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

• Northwestern Band of Shoshone Nation v. Idaho (Tribal Sovereign Immunity; Treaty Rights)
• Wellman v. Orcutt (Blackfeet Reservation; Discrimination)

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

• Martin v. State of Minnesota (McGirt v. Oklahoma; Public Law 280)
• Wadkins v. State of Oklahoma (Indian Status; McGirt v. Oklahoma)
• Walker v. Arkansas Department of Human Services (Indian Child Welfare Act; Termination of Parental Rights)

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

• S.Con.Res.28 - A concurrent resolution expressing the sense of Congress that September 30 should be observed as a national day of remembrance for the Native American children who died while attending a United States Indian boarding school and recognizing, honoring, and supporting the survivors of Indian boarding schools, their families, and their communities.
• H.R.6442 - To amend Section 101703 of title 54, United States Code, to include Tribal Governments and quasi-governmental entities, and for other purposes.

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

• Justice Breyer's Indian Law Record
• US Supreme Court will not consider overturning McGirt decision; Will rule on scope of the landmark ruling
• California redwood forest returned to Native tribal group
• Native activist found not guilty in border protest after new arguments on religious freedom defense
• Reducing Native overrepresentation in jails
• Want to heal the planet? Stop ignoring Indigenous science.
• Klamath Tribes release video series to teach tribal history in schools
• Indigenous Women Leaders Podcast: An interview with Lakota Elder Madonna Thunder Hawk
• Bill to allow Indigenous students to wear tribal regalia at graduations advances
• Water agreement reached between the Jicarilla Apache Nation, New Mexico Interstate Stream Commission, and The Nature Conservancy
• A living history: Reenactor fills the gap of Black Seminole legacy in Florida
• In historic statement, BIA pledges to safeguard Indigenous individuals' right
• Hoping for an end to yearslong treaty rights fight

Indian Law Bulletins Updated 1/19/22

The Native American Rights Fund is hiring for the open position of Staff Attorney in Washington, D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Two petitions for certiorari were denied on 1/18/22:
• White v. Oklahoma (McGirt v. Oklahoma; Criminal Jurisdiction)
• Bentley v. Oklahoma (Criminal Jurisdiction; Due Process)

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

• Cross v. Fox (Treaty Rights; Tribal Law; Tribal Elections)
• Fallon Paiute-Shoshone Tribe and the Center for Biological Diversity v. Department of the Interior (Cultural Resources; Sacred Sites; Geothermal Projects)

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

• Wild Fish Conservancy v. Washington Department of Fish and Wildlife (Aquaculture; Environmental Impact Statements)

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

• H.R.6402 - To grant a Federal charter to the National American Indian Veterans, Incorporated.
• H.R.6406 - To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, 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/2022.html

• Coming home again: Tribal sovereignty, the Tribal Wildlife Grant Project, and their potential for endemic wildlife reintroduction.
• Sustainable red power: Tribal energy sovereignty and the way forward.
• Disproportionate police militarization at Standing Rock violated international law.
• Environmental racism in Indian Country: An analysis of its impacts on the environment and natural resources and its connection to the diminishment of tribal sovereignty.
• The Indian law bombshell: McGirt v. Oklahoma.
• Muskrat textualism.

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

• Tribal voices sidelined in Line 5 Tunnel permitting process
• Legislation pre-filed to establish a 'Missing in New Mexico' event
• How the Indigenous landback movement is poised to change conservation
• Tribal sovereignty ballot initiative smashes threshold
• Vicious circle: Tribal broadband program hindered by lack of broadband
• Tribal Outreach Specialist at UM creates important bridge for Native students
• How Wisconsin cheese is helping put the first Indigenous-owned distillery in the country on the map
• Documentary explores how CDOT and tribes partnered to preserve Indigenous culture and history
• International Decade of Indigenous Languages launched from Cherokee Nation Reservation

Indian Law Bulletins Updated 1/12/22

The Native American Rights Fund is hiring for the open position of Staff Attorney in Washington, D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Six petitions for certiorari were denied on 1/10/22:
• Parish v. Oklahoma (McGirt v. Oklahoma; Criminal Jurisdiction)
• Grand River Enterprises Six Nations v. Boughton (Commerce Clause)
• Compelleebee v. Oklahoma (McGirt v. Oklahoma; Criminal Jurisdiction)
• Tanner v. Cayuga Nation (IGRA; Jurisdiction)
• Stand Up For California! v. Department of the Interior (Land into Trust)
• Haggerty v. United States (Minor Offense in Indian Country; Criminal Jurisdiction)

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

• Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Employment Contracts; Subject Matter Jurisdiction)
• Cavazos v. Haaland (Tribal Membership; Disenrollment; Trust Relationship)

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

• Matter of A.O. (Indian Child Welfare Act)

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

• S.3454 - A bill to clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.

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

• Native redistricting strategy bolsters South Dakota urban vote
• Advisory Council on Historic Preservation names Native affairs director
• IllumiNative launches 'Aunties with Antibodies' series to promote COVID-19 vaccinations
• Overdue education plan frustrates New Mexico tribal leaders
• In the Southwest and Appalachia, Indigenous organizers want a new economy for their communities
• The Maryland Historical Trust seeks to document the state’s long history of Indigenous people
• Be a Fulcrum Fellow: Application window for the 2022-2023 cohort is open
• Choctaw Nation appoints full-time district court judge
• I set out to photograph 21 women voting rights activists. Here’s what they taught me.
• How newly recruited Native curators are changing the narrative of American art at museums across the country
• 'Getting the story right': Native American journalists seek to improve Montana's local coverage of Indigenous issues
• Undoing the Noble Crusade – MLK and his connection to Indigenous People

Indian Law Bulletins Updated 1/6/22

The Native American Rights Fund is hiring for the open position of Staff Attorney in Washington, D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Two petitions for certiorari were filed last month on 12/16/21 and 12/17/21, respectively:
• Klickitat County v. Confederated Tribes and Bands of the Yakama Nation (Treaty Rights; Water Boundary)
• Jamestown S'klallam Tribe v. Lummi Nation (Reservation Boundary)

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

• Grondal v. United States (Tribal Sovereign Immunity; Indian Leasing)
• Newtok Village v. Patrick (Leadership Dispute; Tribal Elections; Trust Relationship)
• State of Oklahoma v. Department of the Interior (Surface Mining Control and Reclamation Act; Muscogee (Creek) Nation)
• Howard v. Weidemann (Tribal Police)

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

• Kevin H. v. State of Alaska (Indian Child Welfare Act)
• Martinez v. State of Oklahoma (Criminal Jurisdiction; Reservation Disestablishment)

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

• S.3443 - A bill to extend Federal recognition to the MOWA Band of Choctaw Indians, and for other purposes.
• S.3444 - A bill to ensure that facilities of the Indian Health Service, facilities operated by an Indian Tribe, Tribal organization, or inter-Tribal consortium, and facilities operated by an urban Indian organization receive items from the strategic national stockpile and qualified pandemic or epidemic products directly from the Department of Health and Human Services.
• H.R.6345 - 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.
• H.R.6346 - To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.

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

• Oklahoma court rules reservation no longer exists
• Indigenous feminism flows through the fight for water rights on the Rio Grande
• Mashpee Wampanoag reservation regains legal status; Taunton casino project's future unclear
• A tribe's bitter purge brings an unusual request: Federal intervention
• Statecraft and history as Očéti Šakówiŋ Treaty Council examines treaties in life today
• New report examines health disparities among Indigenous peoples in NYC
• As miners chase clean-energy minerals across the West, tribes fear a repeat of the past
• Michigan Native citizens move to reclaim and preserve Indigenous ways of life
• 2021 Media picks from Native News Online staff writer Jenna Kunze