Ninth Circuit Briefs in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California

Here:

State Opening Brief

Counties Amicus Brief

Union Amicus Brief

Answer Brief

Tribal Amicus Brief

 

Lower court materials here.

39th Public Land Law Conference — Sept. 30 through Oct. 1

The full agenda and registration link is available here, and below is a teaser about the panel themes and some of the speakers’ recent work. It is approved by Montana for CLE credit and credits may be available for other states too. Registration is free for those not seeking CLE credit.

Opening Night – Sept 30

Offering the opening poetry reading on Thursday is Heather Cahoon, PhD, an award-winning poet and Assistant Professor of Native American Studies & Director of the American Indian Governance & Policy Institute at the University of Montana. Take a listen to this incredible Montana Public Radio interview with Cahoon and then peruse her work, Horsefly Dress: Poems.

Danna Jackson will deliver the opening keynote address. She is Senior Counselor to the Director at the U.S. Department of Interior Bureau of Land Management. Before receiving her appointment to the Department of Interior, Danna served as chief legal counsel to the State of Montana’s Department of Natural Resources and Conservation – the agency that manages Montana’s trust lands, waters, state forests, and conservation initiatives. She has spent the majority of her career in the public sector including as a federal prosecutor and a Hill staffer.

Day 2 Conference

Knowledge: Centering Tribes in Resource Management

Life: Defending the Right to Water

  • Bidtah Becker, Associate Attorney at the Navajo Tribal Utility Authority and former Director of the Navajo Nation Division of Natural Resources, recently co-authored this opinion piece in the Washington Post, highlighting federal obligations to invest in infrastructure to provide clean drinking water for tribal nations.
  • This winter, Jason Anthony Robison, Professor of Law at the University of Wyoming College of Law, and a national expert working at the intersection of water and Indian law, published this article with the Utah Law Review, Indigenizing Grand Canyon.
  • Dylan Hedden-Nicely, Associate Professor of Law & Director of the Native American Law Program at the University of Idaho College of Law, is well-known for his research and publications regarding the effect of climate change on Native American water rights.

Dr. Len Necefer, Founder of Natives Outdoors, will present the Midday Address on Friday. If you are a backcountry winter recreationist, you won’t want to miss Episode 17 of The Fifty Project, in which Dr. Necefer skins up Mt. Tukuhnikivatz with Cody Townsend to teach us about the cultural significance of this mountain to the Navajo Nation.

Voices: Amplifying the Next Generation of Environmental Advocacy in Climate Change

  • Nate Bellinger, Senior Staff Attorney at Our Children’s Trust, and Grace Gibson-Snyder, one of the Youth Plaintiffs in Held v. State of Montana, have exciting news to share: in a recent ruling, Judge Kathy Seeley ruled that the case can proceed to trial on the constitutionality of Montana’s fossil fuel energy policies and recognized that the youth plaintiffs are experiencing significant impacts from the climate crisis, including economic, cultural, physical, and mental health injuries. 
  • Jasilyn Charger, a Land Protector and speaker with Earth Guardians, is most well-known for their organizing at Standing Rock. Get to know Jasilyn before the conference by reading her story on Our Climate Voices.
  • Randall Abate, Professor & Rechnitz Family Endowed Chair in Marine and Environmental Law and Policy at Monmouth University, spoke about his book, Climate Change and the Voiceless at a Spring 2020 conference.

Last, but not least: We’re very excited that Supaman, an award-winning Apsáalooke hip hop artist and fancy dancer, will be offering the Closing Address & Performance of the Conference. He has won awards such as the North American Indigenous Image Award for best hip hop, a Native American Music Award for best gospel, the Aboriginal Peoples Music Choice Awards for best video, and an MTV Video Music Award for Best Fight Against the System. If you’re not familiar with Supaman’s music and performance, check it out, and watch this interview on spreading Good Medicine!

News Coverage of Indian Law Issues (9/24/2021)

CNN: “Mary Johnson, an Indigenous woman, went missing nearly a year ago. While the FBI recently offered a reward, activists say that’s not enough

Tulsa World: “Native American Voting Rights Act needed to protect our sacred right to vote” [Chuck Hoskin]

Seattle Times: “Swinomish tribal members say steelhead net pens violate fishing rights, add their voice to state Supreme Court case

CNN: “Fossilized footprints show humans made it to North America much earlier than first thought

NARF: “Experts Sound Alarm On Line 5 Oil Pipeline Tunnel Climate Impacts

High Country News: “6 things you should know about the 2021 Native American Voting Rights Act

Federal Court Rejects Water District’s Affirmative Defenses against US/Walker River Paiute Tribe Water Rights Claims

Here are the materials in United States v. Walker River Irrigation District (D. Nev.):

2638 Federal-Tribal Joint Motion for Summary J

2649 Principal Defendants’ Response

2659 Reply

2677 DCT Order

Federal Court Rejects Alaska Tribe’s Gaming Claim

Here is the order in Native Village of Eklutna v. Dept. of Interior (D.D.C.):

71 DCt Order

Briefs here.

Wisconsin Tribes Sue to Stop State’s Idiotic Wolf Hunt

Here are the materials in Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin v. Cole (W.D. Wis.):

1 Complaint

19 Tribe Motion for Injunction

Federal Court Issues Decision in U.S. v. Washington Subproceeding 19-01

Here are the updated materials in United States v. Washington (W.D. Wash.), subproceeding 19-01:

61 S’Klallam Response

63 Upper Skagit Response

67 Lummi Response

68 Tulalip Response

69 Swinomish Response

74 Swinomish Reply

76 Upper Skagit Reply

77 Reply

78 Tulalip Reply

79 DCT Order

Earlier briefs here.

Transforming the Legal Academy (9/24/21)

Here.

Transforming the Legal Academy
Presented by the Sandra Day O’Connor College of Law
Friday, September 24, 2021
9:00 a.m. – 12:30 p.m. (PT)

The Sandra Day O’Connor College of Law will host a virtual panel to discuss “Transforming the Legal Academy” on Friday, September 24, 2021. We invite law fellows, associates, researchers, law clerks, practitioners and others who are considering entering the higher education academic teaching market to attend. The conference will be hosted in a virtual format.

Participants will learn about the pathways (traditional, practice, LLM/VAP/fellowships) to becoming a law professor and the specific tracks (tenure, clinical, legal writing) to aid in doing so. Participants will also receive advice on how to interview for this profession and be a successful candidate. Learn how to set your research agenda and how to decide what to teach from current law school tenured professors from around the country.

Dakota Access LLC v. Standing Rock Sioux Tribe Cert Petition [Updated with additional cert stage briefs]

Here:

Cert Petition

Questions presented:

  1. Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also “resolve” those criticisms to the court’s satisfaction to justify a finding of no significant impact; and
  2. Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

Federal BIO

Tribal BIO

Reply

News Coverage of Indian Law Matters (9/22/21)

Norman Transcript: “Oklahoma organizations, foster families react to developments in review of Indian Child Welfare Act

Mongabay: “Thanks to the Yurok Tribe, condors will return to the Pacific Northwest

Insider: “710 Indigenous people, mostly girls, were reported missing over the past decade in Wyoming, the same state where Gabby Petito reportedly disappeared

NPR: “Fred Dakota, Native American Gambling Pioneer, Dies At 84