Indian Law Bulletins Updated 10/25/2023

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

The Tribal Supreme Court Project published an Update Memorandum on October 19, 2023: https://sct.narf.org/updatememos/2023/10-19-2023.pdf

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Wahpekeche v. Pettigrew (Criminal Jurisdiction)
• Hill v. Department of the Interior (Indian Water Rights Settlement)
• Brown v. Choctaw Resort Development Enterprise (Exhaustion of Tribal Court Remedies)
• Goldtooth v. Office of Navajo and Hopi Indian Relocation (Relocation Benefits)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Patwell v. Mohean Tribal Gaming Authority (Mohegan Torts Code; Negligence)

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

• S.3086 - A bill to amend the Higher Education Act of 1965 to establish grants for tuition-free community colleges, student success grants, and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.
• H.R.5998 - To amend the Higher Education Act of 1965 to establish grants for tuition-free community colleges, student success grants, and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Formal Tribal Consultation on WIPO IGC Negotiations (Commerce)
• Johnson-O'Malley Program (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/2023.html

• Arizona v. Navajo Nation (2023): Legal realism and the Colorado River.
• Congress' power to affirm Indian citizenship through legislation protecting Native American voting rights.
• Dignity and respect at all times: How federal agencies can measure up in complying with NAGPRA and related statutes.
• Meaningful tribal consultation as part of national forest planning.
• SCOTUS Navajo water case recap disputed.

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

This week, in brief:

• Healing totem pole raised to honor Indian boarding schools victims
• New Colorado River rules will be hard to agree on. A new report shows just how tricky it could be
• President nominates former Cherokee Nation AG as federal judge
• A prominent museum obtained items from a massacre of Native Americans in 1895. The survivors’ descendants want them back.
• Oklahoma supreme court agrees to hear tax dispute on Indian lands, won’t hear governor’s challenge to legislature’s ability to extend tribal compacts

Indian Law Bulletins Updated 10/18/2023

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

One petition for certiorari was dismissed on 10/10/2023:

• Slockish v. Dept. of Transportation (Religious freedom)

One application for a stay was filed on 10/6/2023:

• West Flagler Associates v. Haaland (Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Northwestern Band of the Shoshone Nation v. Wooten (Hunting Treaty Rights; 1868 Treaty of Fort Bridger)
• Block v. United States (Partition Trust Land; Administrative Procedures Act)
• United States v. Alaska (Intervention; Alaska National Interest Lands Conservation Act (ANILCA))
• Perez and Torres v. City of San Antonio (Preliminary Injunction; Religious Freedom)
• Arocha v. Blackman and Blackfeet Tribe (Habeas Corpus; Jurisdiction; Indian Civil Rights Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• In re T.J.S. (State Guardianship Order; Tribal Court Standing)
• Little River Band of Ottawa Indians Tribal Council v. Romanelli (Tribal Council Procedures Ordinance; Tribal Prosecutor's Ordinance)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• State v. American Tobacco Co. (Taxation)
• In re C.L. (Indian Child Welfare Act)

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

• S.3044 - Mount Blue Sky Wilderness Act / A bill to redesignate the Mount Evans Wilderness as the "Mount Blue Sky Wilderness," and for other purposes.
• H.R.5962 - To redesignate the Mount Evans Wilderness as the "Mount Blue Sky Wilderness", and for other purposes.
• H.R.5970 - To amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Notice of Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program (HUD)
• Indigenous Peoples' Day, 2023 (Executive Office of the President)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Clean up your act: The U.S. government's CERCLA liability for uranium mines on the Navajo Nation.
• Not so clear and plain: Exploring the circuit split on the applicability of federal labor & employment laws to tribes.
• The pursuit of health and well-being: 45 years of Native Hawaiian rights.
• Tribal water rights: Private law alternatives to the federal trust doctrine.
• Tsi?latiliwahslu∙nihe kayanlahsla? (Of the place they make matters or issues right).

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

This week, in brief:

• 'We have to take back our education' | Lakota language immersion school preserves language and culture
• Native American Rights Fund files amicus brief before Ninth Circuit
• Congress will debate whether to rename the Mount Evans Wilderness west of Denver
• New York museum unveils repatriation overhaul after ethical awakening
• States opposed tribes’ access to the Colorado River 70 years ago. History is repeating itself.

Indian Law Bulletins Updated 10/11/23

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Benally, et al. v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
• Dedicato Treatment Center, Inc. v. Salt River Pima-Maricopa Indian Community (Tribal Sovereign Immunity; Health Care)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Medina v. Estate of Cody (Civil Jurisdiction)

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

• S.3019 - A bill to develop and disseminate accurate, relevant, and accessible resources to promote understanding about Native American and Tribal Histories.
• S.3022 - A bill to amend the Indian Health Care Improvement Act to allow Indian Health Service scholarship and loan recipients to fulfill service obligations through half-time clinical practice, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Tribal Opioid Response (TOR) Consultation (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/2023.html

• Bizindan miinawa (listen again).
• Decades of discord: The Crow Tribe's ongoing fight for hunting rights in the Bighorn National Forest.
• Dishonoring the earth: Ecocide as prosecutable genocide against Indigenous People.
• An "enduring place": The constitutional promise of tribal sovereignty.
• Free, prior informed consent and extractive industry: Indigenous action is the past, present, and future of global environmental justice.
• Justice40 and the clean-up of Wind River dumps.
• Playing catch-up: Laws protecting cultural property in the United States need an update.
• Prime Day pushback: What you need to know about sales tax collection on the reservation.
• Racism and trademark abandonment.
• SCOTUS splits in Arizona v. Navajo Nation.
• Unsettling human rights clinical pedagogy and practice in settler colonial contexts.

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

This week, in brief:

• How Indigenous guardian programs can help the land and the people taking care of it
• Racial disparities for Alaska Native and American Indian inmates: A troubling picture
• ‘Try to make it right’: Sacred site to be restored in Clackamas County
• Book review: "The Cost of Free Land: Jews, Lakota, and an American Inheritance"
• School district settles Native American hair cutting lawsuit

Indian Law Bulletins Updated 10/4/2023

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

One motion for leave to file a bill of complaint was filed on 7/26/2023:

• Alaska v. USA (Bristol Bay Pebble Mine; Clean Water Act; state sovereignty)

Four petitions for certiorari were denied on 10/2/2023:

• Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation (Tribal sovereign immunity from suit)
• Conference of Presidents of Major Italian American Organizations v. City of Philadelphia (Standing to challenge public holiday)
• Martin v. Sandoval County, New Mexico (New Mexico Rule of Civil Procedure 19 (Required Joinder of Parties))
  
• Sauk-Suiattle Indian Tribe v. City of Seattle (Federal court jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• United States v. Abousleman (Water Rights; Winters Doctrine)
• Jeremiah M., Hannah M. and Hunter M., et al. v. Crum, et al. (Indian Child Welfare Act; Placement Preference)
• Ute Indian Tribe of the Uintah and Ouray Indian Reservation v. United States Department of the Interior, et al. (Water Rights; Federal Trust Duties)
• Pollard, et al. v. Johnson, et al. (Federal Subject Matter Jurisdiction; Federal-Aid Highway Act; Grable Exception)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Shaevitz v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Negligence)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Matter of Guardianship of L.C. (Indian Child Welfare Act)
• In the Matter of B. P., a Child. (Indian Child Welfare Act)

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

• S.2958 - Strengthening Coastal Communities Act of 2023 / An original bill to amend the Coastal Barrier Resources Act to make improvements to that Act, and for other purposes.
• S.2970 - A bill to amend title 5, United States Code, to designate Indigenous Peoples' Day as a legal public holiday, to replace the term "Columbus Day" with the term "Indigenous Peoples' Day", and for other purposes.
• H.R.5822 - To designate Indigenous Peoples' Day as a legal public holiday and replace the term "Columbus Day" with the term "Indigenous Peoples' Day", and for other purposes.
• H.R.5831 - To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
• H.R.5865 - To require the Secretary of the Army to establish a pilot program to protect Native American burial sites, village sites, and cultural resources discovered at Corps of Engineers civil works projects in the Sacramento River watershed, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Special Diabetes Program for Indians (HHS)
• Notice of Approval Status; EPA Plan for the Federal Certification of Applicators Within Indian Country (EPA)
• Proclaiming Certain Lands as Reservation for Kalispel Indian Community of the Kalispel Reservation (Interior)
• Proclaiming Certain Lands as Reservation for Confederated Tribes of the Chehalis Reservation of Washington (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/2023.html

• The administration of injustice: The conflict between federal and tribal criminal jurisdiction.
• Enslaved in a free country: Legalized exploitation of Native Americans and African Americans in early California and the post-emancipation South.
• A genocide the world has ignored: Holding governments and the Catholic Church accountable for residential and boarding schools through the ICC.
• Indian Country’s continued struggle with the opioid crisis: Focused problem areas, the federal government’s response, and what more can be done.
• Pachamama over people and profit: A case for Indigenous ecology and environmental personhood.
• A portrait of tribal courts: Tribal court tools and levers to ensure procedural fairness for self-represented litigants.
• The winding trail: A look at non-linear temporality in literary works in response to the issue of sovereignty.
• Winner, best appellate brief in the 2023 Native American Law Student Association Moot Court Competition.

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

This week, in brief:

• For the first time, Colorado details dark historical chapter of attempted forced assimilation of Indigenous children in extensive report
• Indigenous Peoples’ Day Act reintroduced in Congress
• Rejected by US courts, Onondaga Nation take centuries-old land rights case to international panel
• Judge rules two freedmen eligible for tribal citizenship of Muscogee (Creek) Nation, tribe appeals
• Southwest Alaska tribes file two separate state appeals challenging the Donlin Gold Mine