South Dakota Federal Court Finally Resolves Matter Arising from Federal Government’s Impoundment of Livestock at Pine Ridge Way Back in 2015 and 2016

Here are the materials in Temple v. Roberts (D.S.D.):

180-1 Oglala Sioux Tribal Court Decision

213 Federal Trial Brief

215 Temple Pre-Trial Brief

228 DCT Order

Prior post here.

Pretty sure these dudes didn’t have anything to do with this case, but they look cool — Ed Red Owl, Jerry Flute and Elijah Back Thunder

Lac du Flambeau Ojibwe Letter to Wisconsin Senate re: Discriminatory and Retaliatory Grant Denial by State

Here:

Prior post here.

Cayuga Sues New York over Illegal Highway

Here is the complaint in Cayuga Nation v. Hochul (W.D. N.Y.):

1 Complaint

Yavapai-Apache Nation Appellate Court Decides La Posta Band of Diegueno Mission Indians v. Yavapai-Apache Nation

Here is the opinion:

Most recent related post here.

Heather Tanana on Women Indigenous Leaders in the Colorado River Basin

Heather Tanana has published “Voices of the River: The Rise of Indigenous Women Leaders in the Colorado River Basin” in the Colorado Natural Resources, Energy & Environmental Law Review. Here is the abstract:

Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decision-making and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions—formally within tribal government, as well as informally in prominent community roles. These women are poised to lead the way in protecting their communities against climate change impacts, but support is critical to sustaining pathways to leadership. This article discusses the disproportionate impacts of climate change on tribes and highlights the rise of Indigenous female leadership within the Colorado River Basin to confront these challenges.

Florida SCT Briefs in West Flagler LLC v. DeSantis

Here:

Montana Federal Court Confirms Cancellation of Eagle Bear Lease

Here are the materials in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.)

Prior post here.

Materials on Eagle Bear’s bankruptcy proceedings are here.

Guest Post: Bob Hershey on Contemporary Attacks on Sacred Sites

KILLERS OF THE FLOWER MOON IS A STUDY IN GENOCIDAL VILLANY: THE UNITED STATES CONTEMPORARY WAR ON NATIVE AMERICAN SACRED SITES CONTINUES THE RAMPAGES OF THAT ERA.

By what imagined rights does the United States attempt to legitimize its original conquest of Indigenous Peoples and continue to obliterate Native Americans’ Holy Places? In the quest for mineral enrichments–be it oil, copper, lithium, or uranium– how long should we enable and benefit from the sort of genocidal dispossession depicted in Killers of the Flower Moon?

            From first contact between Europeans and Indigenous Peoples, dehumanization of American Indians has been the invention necessary to Colonialism. To this end Spain’s monarchs solicited pontifical decrees, “Papal Bulls.” Popes blessed inherently non-Christian subjugations of “heathens, infidels, and savages,” birthing the Doctrine of Discovery, the notion that cross-Atlantic sea travel somehow conveyed title to “America” to European nations. Pope Francis repudiated this indefensible foundation for White Supremacy earlier this year (link), but its legal and cultural legacies live on, perpetuating the inhumane treatment of Indigenous Peoples so poignantly depicted in Killers.

Founding American myths of the righteousness of conquest and of Manifest Destiny both fed and were propagated by the Marshall Trilogy, the suite of Supreme Court opinions (1823 –1832) at the root of U. S. American Indian Law. The first chief justice, John Marshall, wrote that the courts of the conqueror would not apologize for bringing the benefits of “civilization” to America’s Native Nations. Marshall argued that leaving Native Peoples in possession of their lands and resources would condemn America to a forever wilderness and that solving the “Indian problem” required subordination of Native Americans as “wards of the state.”

Continue reading

Washington Federal Court Rejects ICRA Habeas Petitions Challenging Assault Conviction of Council Member

Here are the materials in Sellards-Reck v. Shook (W.D. Wash.):

Oklahoma Federal Court Declines to Overturn Non-Indian Conviction in General Crimes Act Case

Here are the relevant materials in United States v. Smith (N.D. Okla.):