Author: Matthew L.M. Fletcher

Federal Court Invalidates Dakota Access Pipeline Permits

Matthew L.M. Fletcher

Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

546 DCT Order

Related briefs:

507 US Brief

510 Dakota Access Brief

527 Tribal Plaintiffs Brief

531 Congressional Amicus Brief

532 Environmental Amicus Brief

533 Tribal Amicus Brief

536 US Reply

539 Dakota Access Reply

Prior post here.

Bryan Newland: “Enbridge Line 5 is Michigan’s next ecological disaster”

Matthew L.M. Fletcher

In the Detroit Free Press, here.

Ninth Circuit Briefs in Lummi Tribe U& A

Matthew L.M. Fletcher

Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):

Lummi Tribe Brief

Port Gamble and Jamestown S’Kllalam Tribes Brief

Tulalip Brief

Lower Elwha Tribe Brief

Reply

Lower court materials here.

North Dakota SCT Remands Tort Claim to Assess whether Accident Occurred in Indian Country + Whether Defendant was Tribal Member

Matthew L.M. Fletcher

Here are the materials in Lavallie v. Jay:

2020ND147 Opinion

Appellant Brief

Appellee Brief

Jenni Monet: “Land Back—Making the Case for Treaties at Mount Rushmore.”

Matthew L.M. Fletcher

Here.

Politico: “Trump’s Mount Rushmore fireworks shed light on his history with Native Americans: The president had a poor track record with Native Americans even before he decided to celebrate July Fourth at a landmark built on land stolen from an Indigenous tribe.”

Matthew L.M. Fletcher

Here.

[Blast from the Past] The Daily Show – The Redskins’ Name – Catching Racism

Matthew L.M. Fletcher

Here, preceded by an unusual “disclaimer” by John Stewart:

And Mig Pensoneau’s post-debacle piece, “Behind the Scenes of Our Tense Segment on The Daily Show,” here.

WaPo: “FedEx, the Washington Redskins’ Most Prominent Sponsor, Asks the Team to Change Its Name”

Matthew L.M. Fletcher

Here.

Washington SCT Restores Yakama Nation’s Challenge to Yakima County Land Use Decision that would Disturb Cemeteries

Matthew L.M. Fletcher

Here is the opinion in Confederated Tribes and Bands of the Yakama Nation v. Yakima County:

Opinion

National Indian Law Library Bulletin (7/1/2020)

Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in one case on 6/19/20:
United States v. Cooley (Jurisdiction)
Petition for certiorari was denied in one case on 6/29/20:
Diné Citizens Against Ruining Our Environment, et al. v. Bureau of Indian Affairs, et al. (Administrative Procedure Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Confederated Tribes and Bands of the Yakama Nation v. Yakima County (Criminal Jurisdiction)
  • New Holy v. Department of the Interior (Tribal Constitutions)
  • Confederated Tribes of the Chehalis Reservation v. Mnuchin (CARES Act)
  • Lorry van Chase v. Bureau of Indian Affairs (Freedom of Information Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Lavallie v. Jay (Jurisdiction; Personal Injury)
Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership (Attorney Fees)

U.S. Legislation – 116th Congress Bulletin 
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.4059 – A bill to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian Tribes and Tribal organizations, community-based entities, and primary care and behavioral health organizations to address behavioral health needs caused by the public health emergency declared with respect to COVID-19.
  • S.4079 – A bill to authorize the Seminole Tribe of Florida to lease or transfer certain land, and for other purposes.
  • S.4081 – A bill to provide a grant program for elementary schools, secondary schools, and institutions of higher education to help offset costs associated with complying with guidelines, recommendations, and other public health communications issued by the Centers for Disease Control and Prevention, or a State, Indian Tribe, Tribal organization, or locality related to mitigating the hazards presented by COVID-19.
  • S.4090 – A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
  • S.4113 – A bill to amend the Communications Act of 1934 to provide grants to States and Indian Tribes to deploy affordable, high-speed broadband to unserved and underserved areas.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Indian lives matter: Pandemics and inherent tribal powers.
  • Codifying the rights of nature.
  • Running for missing and murdered Native women.
  • Yurok Tribe fishing court.

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

  • ‘Wear your mask, do your part’: Tribal citizens in New Mexico bear brunt of coronavirus
  • ‘End of an era’: American Indian Services closes after 49 years
  • Navajo Nation president says New Mexico still failing students
  • Tribes’ human remains and cultural items have been scattered across the U.S. Here’s how they get returned
  • Judge: Alaska corporations can get tribal virus relief money
  • Blackfeet propose permanent protections for Badger Two Medicine
  • Speaker Seth Damon signs Navajo Nation Diné Pride Week proclamation to recognize equality progress
  • Native women law students excluded from so-called “Women of Color in Law Schools” study
  • Knowing, rethinking a shared history