Tenth Circuit Decides Criminal Jurisdiction Matter Involving Sandia Pueblo Reservation Boundaries

Here is the opinion in United States v. Antonio.

Briefs:

Opening Brief

Answer Brief

Reply

California Trout & Trout Unlimited v. Hoopa Valley Tribe & FERC Cert Petition

Here:

Cert Petition

Question presented:

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Lower court materials here.

UPDATE — cert stage briefs:

Hoopa BIO

PacifiCorp BIO

States Amicus Brief

US BIO

California Trout Reply

Non-Indian Reckless Driver Arrested by Tribal Police Doesn’t Like It, but Still Loses

Here is the unpublished opinion in State v. Ziegler (Minn. Ct. App.):

Opinion

HCN: “San Juan County ends legal fight against Voting Rights Act decision”

Here.

Materials in Navajo Nation v. San Juan County here.

Jemez Pueblo Loses Claim to Valles Caldera National Preserve

Here are (some of) the materials in Pueblo of Jemez v. United States (D. N.M.):

387 Jemez Trial Brief

399 DCT Judgment

An excerpt:

THIS MATTER comes before the Court on the Court’s Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, filed August 31, 2019 (Doc. 398). In the Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, the Court: (i) concludes that Plaintiff Pueblo of Jemez does not have the exclusive right to use, occupy, and possess the lands that encompass the Valles Caldera National Preserve; (ii) quiets title to the Valles Caldera National Preserve in Defendant United States of America; (iii) dismisses the case with prejudice; and (iv) directs the parties to D.N.M.LR-Civ. 54, should they seek to recover any attorney’s fees and costs. See Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order at 498. Having disposed of all claims and parties before the Court in this case, the Court now enters Final Judgment. [emphasis added]

Our extensive prior posts are here.

HCN: “Far-right extremists appropriate Indigenous struggles for violent ends”

Here.

Federal Court Dismisses False Claims Act Complaint against Sauk-Suiattle Employees, Awards Attorney Fees

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

64 Individual Defendants MSJ

72 Response

75 Reply

79 DCT Order

Order dismissing same claims against the tribe is here.

Materials in related claims against US, here.

Pinoville Pomo Nation Petition to Ninth Circuit to Halt Discovery Pending Appeal Fails

Here is the unpublished opinion in In re Pinoville Pomo Nation [Pinoville Gaming Authority v. United States District Court].

Here are the briefs:

Petition for Writ of Mandamus

Motion to Stay

Answer to Petition

Opposition to Motion for Stay

Reply

The appeal docs are here.

National Indian Law Library Bulletin (8/28/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/28/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Navajo Nation v. Department of the Interior (Indian Water Rights; Federal Trust Relationship)
Little Traverse Bay Bands of Odawa Indians v. Whitmer (Treaty Rights; Reservation Diminishment)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4188 – Native American Language Vitalization Act

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • VAWA Reauthorization Act of 2013 and the continued legacy of violence against Indigenous women: A critical outsider jurisprudence perspective.
  • Michigan marijuana laws: Michigan tribes can participate, but how?
  • Partially tribal land: The case for limiting state eminent domain power under 25 USC 357.

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

  • U’s medical school in Duluth welcomes record number of Native students
  • Keystone Pipeline’s alternate route gets the go-ahead from Nebraska court
  • Wyoming lawmakers propose fix to allow tribal IDs for voter registration
  • Cherokee Nation picks representative for Congress, promised by US government nearly 200 years ago
  • New program gives remote Native American tribes greater access to affordable electric vehicles