Indian Law Bulletins Updated 10/26/22

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

• Weiss v. Perez, et al. (Freedom of Speech; Retaliation)
• Darden v. Vines, et al. (Employment Law; Tribal Council)
• United States v. Cody (Criminal Jurisdiction; Indian Country)
• United States v. Alo-Kaonohi (Expert Witness; Native Hawaiian Language)
• Queens, LLC v. Seneca-Cayuga Nation (Tribal Sovereign Immunity)

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

• Milne v. Hudson (Indian Civil Rights Act; Jurisdiction)
• In re K.H. (Indian Child Welfare Act)
• Native Village of Chignik Lagoon v. Department of Health & Social Services, et al. (Indian Child Welfare Act; Tribal Membership)

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

• In the Matter of the Guardianship of AMH and GDH, minors (Tribal Court Rules)

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

• Reopening of Comment Period on a Supplemental Draft Environmental Impact Statement Regarding the Makah Tribe's Request To Hunt Eastern North Pacific Gray Whales (National Oceanic and Atmospheric Administration)
• Advisory Committee on Tribal and Indian Affairs, Notice of Meeting (Veterans Affairs)
• Notice of Deadline for Submitting Completed Applications To Begin Participation in the Tribal Self-Governance Program in Fiscal Year 2024 or Calendar Year 2024 (Bureau of Indian Affairs)
• Solicitation for Members of the Ocean Exploration Advisory Board (National Oceanic and Atmospheric Administration)
• Food Distribution Program on Indian Reservations Self-Determination Demonstration Project: Solicitation of Proposals for Additional Tribal Organizations To Participate (Food and Nutrition Service)
• Self-Regulation of Class II Gaming (National Indian Gaming Commission)
• Workforce Innovation and Opportunity Act; Native American Employment and Training Council (Employment and Training Administration)

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

• S.5068 - Navajo-Gallup Water Supply Project Amendments Act of 2022.

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 rule of law : McGirt v. Oklahoma and the recognition of the Muscogee (Creek) Reservation (Reprint).
• Race to property : Racial distortions of property law, 1634 to today.
• Blockchains and environmental self-determination for the Native Hawaiian people : Toward restorative stewardship of Indigenous lands.
• Equal protection and the Indian Child Welfare Act : States, tribal nations and family law.
• The legal weaponization of racialized DNA : A new genetic politics of affirmative action.
• The reservation and the rule of law : A short primer on Indian country's complexity.
• Water law in Native nation territories.

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

This week, in brief:

• NAGPRA modifications now available for public comment
• Despite state initiatives, Indigenous education in public schools remains inconsistent
• Lithium Americas signs agreement with local tribe
• Tribal leaders vow to protect their families from separation as Indian Child Welfare law heads to the Supreme Court
• The Interior Department is developing a new policy for Native Hawaiian consultation
• Sonoma County, Graton tribe will co-manage Tolay Lake
• Redistricting affects ‘power’ in Native vote, Indigenous candidates

Announcements:

• The Native American Rights Fund is hiring for the open positions of Technical Services Librarian (National Indian Law Library) and Blaustein Fellow in the Boulder office. Learn more about the vacancies at: https://www.narf.org/contact-us/join-team/

Indian Law Bulletins Updated 10/12/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was filed on 10/3/22:

• Slockish v. Dept. of Transportation (Religious Freedom Restoration Act)

Two petitions for certiorari were denied on 10/11/22:

• Oklahoma v. Sam (Determination of Indian under Major Crimes Act)
• Oklahoma v. Wadkins (Determination of Indian under Major Crimes Act)

The Tribal Supreme Court Project published an Update Memorandum on 10/11/22: https://sct.narf.org/articlesupdates.html

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

• Red Lake Band of Chippewa Indians, et al. v. United States Army Corps of Engineers, et al. (National Environmental Policy Act; Clean Water Act)
• Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., and Enbridge Energy, L.P. (Remedy for Trespass)
• In re Klamath River Basin Litigation (Klamath River; Water Rights; Centralization)

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

• In re G.H. (Indian Child Welfare Act)

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

• Whitelaw v. Campobasso (Notice; Default Hearing)
• Dick v. Colville Confederated Tribes (Tribal Sovereign Immunity)
• Colville Confederated Tribes v. Sargent (Expungement; Firearms)
• Freund v. Colville Confederated Tribes (Witness Competency; Alternate Jurors)

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

• Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington (Environmental Protection Agency)
• Periodic Meeting of the U.S. Department of the Treasury Tribal Advisory Committee (Treasury)

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 color of local government : Observations of a Brown Buffalo on racial impact statements in the movement for water justice.
• Ma’ii and Nanaboozhoo fistfight in heaven.
• The reports of my death are greatly exaggerated : The continued vitality of Worcester v. Georgia.

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

This week, in brief:

• U.S. judge rejects last challenge to Enbridge's Line 3
• FEMA announces first national tribal affairs advocate
• The Indian Child Welfare Act will be before the US Supreme Court next month
• How tribal co-managing movements are transforming the conservation of public lands
• Which Indigenous lands are you on? This map will show you
• Supreme Court rejects Oklahoma attempt to narrow Indian definition
• Newly drawn Congressional districts dilute Native vote

Indian Law Bulletins Updated 10/5/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was granted on 10/3/22:

• Oklahoma v. Sims (State Criminal Jurisdiction Over Non-Indians in Indian Country)

Four petitions for certiorari were denied on 10/3/22:

• Acres v. Marston (Tribal Official Personal Immunity)
• Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal Court Exhaustion and Jurisdiction; Tribal Sovereign Immunity)
• Lopez v. Quaempts (Tribal Sovereign Immunity)
• Mill Bay Members Association v. United States (Equitable Estoppel Against the Federal Government; Trust Status of Allotted Land)

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

• Flandreau Santee Sioux Tribe v. Houdyshell (Indian Gaming Regulatory Act; Taxation)
• Scotts Valley Band of Pomo Indians v. United States Department of the Interior (Administrative Procedure Act; Indian Gaming Regulatory Act)
• The Chickasaw Nation v. Caremark PHC, LLC, et al. (Federal Arbitration Act; Tribal Sovereign Immunity)
• Navajo Nation v. Office of Navajo and Hopi Indian Relocation, et al. (Navajo and Hopi Indian Land Settlement Act; Administrative Procedure Act)
• Kialegee Tribal Town v. U.S. Department of the Interior, et al. (Tribal Jurisdiction)
• Williams & Cochrane, LLP v. Rosette, et al. (Quechan Tribe; Attorney Termination; Lanham Act)
• Roemen, et al. v. United States, et al. (638 Contract for Law Enforcement Services; Law Enforcement Assist Agreement)

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

• Montana Democratic Party, et al. v. Jacobsen (Voting Rights; Voter Legislation)
• King v. Arkansas Department of Human Services (Indian Child Welfare Act)

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

• In re welfare of L.C. (Tribal Law; Family Protection Orders)
• In the Matter of the Estate of Laddie Taylor (Probate)

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

• Native American Graves Protection and Repatriation Review Committee: Notice of Nomination Solicitation (National Park Service)
• Call for Nominations for Secretary Appointment to Treasury Tribal Advisory Committee (Treasury)
• Endangered and Threatened Species; Take of Anadromous Fish (National Oceanic and Atmospheric Administration)
• 2020 Census Tribal Consultation (Census Bureau)
• Permits for Incidental Take of Eagles and Eagle Nests (Fish and Wildlife Service)

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

• S.5001 - A bill to amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
• S.5048 - A bill to amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
• H.R.9068 - To direct the Secretary of the Interior to establish a grant program to increase the capabilities of Tribal law enforcement agencies, and for other purposes.
• H.R.9114 - To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes.
• H.R.9116 - To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, 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

• Is the public domain just? : Biblical stewardship and legal protection for traditional knowledge assets.
• Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How we, Native people, reflect on the law in the Dawnland).
• Burdened, but not burdened enough : A long-term solution to the difficulties posed by religious objections to resource development.
• Youth and Indigenous voices in climate justice : Leveraging best practices from U.S. and Canadian litigation.
• Treaty-based climate change claims : Litigation pathways in the face of cultural devastation.
• Defining the scope of burial rights under the Native American Graves Protection and Repatriation Act.

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

This week, in brief:

• Native American Church to host historic field meeting with House Natural Resources Committee
• Osage Nation Congress calls for repeal of Oklahoma's so-called 'critical race theory' ban
• Can Indian Country withstand the new Supreme Court?
• Native Americans’ decades long struggle for control over sacred lands is making progress
• Montana judge knocks down Republicans’ tighter voting laws
• Tribes sue Elko County over voter access