Ninth Circuit Decides Coeur d’Alene Tribe v. Hawks

Here is the opinion. An excerpt:

This appeal presents the question of whether the grant of federal question jurisdiction in 28 U.S.C. § 1331 encompasses an action to recognize and enforce a tribal court’s award against nonmembers of the tribe. The district court concluded that the action, filed by an Indian tribe seeking to enforce a tribal court judgment against nonmembers, did not present a federal question and dismissed it based on a lack of subject matter jurisdiction. Inherent in the recognition of a tribal court’s judgment against a nonmember is a question regarding the extent of the powers reserved to the tribe under federal law. As in previous decisions involving the application of tribal law to nonmembers, we hold that actions seeking to enforce a tribal judgment against nonmembers raise a substantial question of federal law. We accordingly reverse the district court’s order dismissing the case for lack of subject of matter jurisdiction.

Briefs and lower court materials here.

Ninth Circuit Materials in JW Gaming Development v. James [Pinoleville Pomo Nation]

Here are the briefs:

opening-brief-2.pdf

answer-brief-1.pdf

reply-4.pdf

Lower court materials here.

Oral argument video:

National Indian Law Library Bulletin (87/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/7/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Brakebill v. Jaeger  (Voting Rights) 
Bell v. City of Lacey  (Sovereign Immunity; Ex parte Young) 

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.3977 – To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes. 
  • H.R.4029 – To amend the McKinney-Vento Homeless Assistance Act to enable Indian Tribes and tribally designated housing entities to apply for, receive, and administer grants and subgrants under the Continuum of Care Program of the Department of Housing and Urban Development. 

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

  • Tribes, cities, and children: Emerging voices in environmental litigation.
  • Unoccupied: How a single word affects Wyoming’s ability to regulate tribal hunting through federal treaty; Herrera v. Wyoming. 

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

  • ACLU to hire S.D.-based Native justice organizer following pipeline protest laws
  • Lakota tribal leaders request public hearing on Dakota Access Pipeline expansion
  • More 2020 presidential candidates line up for historic Native issues forum
  • Cronkite News: Tribes win ruling against copper mine on ancestral territory

Ninth Circuit Decides Agua Caliente Tribe of Cupeno Indians v. Sweeney (formerly Black)

Here is the opinion.

Briefs here.

Update in San Pasqual Band Membership Suits

Here are the materials in Alegre v. United States (S.D. Cal.):

44 second Amended Complaint

46-1 US Motion to Dismiss

48 Response

49 Reply

50-1 Individual Defendants MTD

53 Response

59 DCT Order Dismissing SAC

62 Third Amended Complaint

68-1 US Motion to Dismiss

79 Response

83 Individual Defendants Reply

85 US Reply

98 DCT Order Dismissing Third Amended Complaint

Federal Court Dismisses Employee Matter at Samuel Simmonds Memorial Hospital

Here are the materials in Matyascik v. Arctic Slope Native Ass’n (D. Alaska):

1 Notice of Removal

1-1 State Court Complaint

9 Motion to Dismiss

17 Response

20 Reply

22 DCT Order

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here.

Excerpt:

A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil and gas companies in MHA tribal court. Those companies operate oil wells on lands within the Fort Berthold Indian Reservation that have been allotted to individual tribe members but are held in trust by the federal government. The tribe members alleged the companies owed royalties from wastefully-flared gas. Some of these companies unsuccessfully contested the tribal court’s jurisdiction over them in tribal court. Then they initiated this action in federal court to enjoin the tribal court plaintiffs and tribal court judicial officials. The district court issued a preliminary injunction, and the tribal court plaintiffs and officials separately appealed. We affirm the injunction because we conclude suits over oil and gas leases on allotted trust lands are governed by federal law, not tribal law, and the tribal court lacks jurisdiction over the nonmember oil and gas companies.

Briefs here.

Tohono O’Odham Nation Amicus Brief in SCOTUS Border Wall Matter

Here is the brief in Trump v. Sierra Club:

TON Brief in Trump v Sierra Club

Arizona COA Briefs in Appeal on State Process on Non-Indian in Indian Country

Here are the briefs in Singer v. Palmer:

Opening Brief

Answer Brief

Reply

I admit it. Slow Indian law news day.