Author: Matthew L.M. Fletcher

Santa Ynez Band of Chumash Mission Indians Trust Land Acquisition Docs

Matthew L.M. Fletcher

Here are the materials in Crawford-Hall v. United States (C.D. Cal.):

69 notice

69-1 asia decision

69-3 2017 asia decision

69-4 2014 nod

Prior post here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Matthew L.M. Fletcher

Here is the opinion in In re Greektown Holdings LLC.

Briefs:

buchwald-brief.pdf

sault-tribe-brief.pdf

buchwald-reply.pdf

Lower court materials and prior posts here.

Federal Court Rejects Yakama Nation Jurisdictional Claims against Local Governments

Matthew L.M. Fletcher

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. City of Toppenish (E.D. Wash.):

1 Complaint

16 Yakama Nation Motion for PI

20 Toppenish Opposition

22 Reply

28 DCT Order

California Appellate Court Holds State Taxes Imposed on Tribal Member Not Preempted

Matthew L.M. Fletcher

Here are the materials in People ex rel. Becerra v. Huber (Cal. Ct. App.):

opinion-1.pdf

appellant-opening-brief.pdf

respondent-brief.pdf

reply-brief.pdf

appellant-supplemental-brief.pdf

appellee-supplemental-reply.pdf

appellant-supplemental-reply.pdf

Washington Appellate Court Holds Tribal Gaming Commission Immune from Suit

Matthew L.M. Fletcher

Here are the materials in Long v. Snoqualmie Gaming Commission (Wash. Ct. App.):

opinion.pdf

appellant-brief.pdf

appellee-brief.pdf

reply-2.pdf

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.

New Scholarship on Religious Liberty Land Use Claims

Matthew L.M. Fletcher

Here is “Trespass or Vandalism or Protecting That Which is Holy? Religious Liberty Land-Use Claims,” published in the Columbia Law Review Online, by Edward K. Olds.

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Yellowstone Bison Environmental Suit Dismissed

Matthew L.M. Fletcher

Here are the materials in Cottonwood Environmental Law Center v. Bernhardt (D. Mont.):

33 Motion to File Second Amended Complaint + Proposed Complaint

36 State Response to 33

38 Federal Response to 33

39 Reply in Support of 33

45 DCT Order Granting 33

48 Federal Motion to Dismiss

50 State Motion to Dismiss

53 Plaintiff Motion to Stay

54 Response to 48 and 50

57 Federal Reply in Support of 48

58 State Reply in Support of 50

62 Reply in Support of 53

81 DCt Order

National Indian Law Library Bulletin (2/21/2019)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/21/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Texas v. Ysleta del Sur Pueblo  (Tribal Gaming – State Regulation)

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

  • The United States first climate change relocation: Recognition, relocation, and Indigenous rights at the Isle De Jean Charles. 
  • At the intersection of health and justice: How the health of American Indians and Alaska Natives is disproportionately affected by disparities in the criminal justice system.
  • Minding the gap: Improving parental involvement to bridge education gaps between American Indian and non-Indian students. 
  • Originalism and Indians. 
  • Droughts, floods, and scarcity on a climate-disrupted planet: Understanding the legal challenges and opportunities for groundwater sustainability. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, see an article about legislation to establish official native languages in the state of South Dakota.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced: 

  • S.948: A bill to provide for an independent outside audit of the Indian Health Service. 
  • S.506: A bill to support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose. 
  • S.524: A bill to establish the Department of Veterans Affairs Advisory Committee on Tribal and Indian Affairs, and for other purposes. 
  • H.R.1225: To establish, fund, and provide for the use of amounts in a National Park Service and Public Lands Legacy Restoration Fund to address the maintenance backlog of the National Park Service, United States Fish and Wildlife Service, Bureau of Land Management, and Bureau of Indian Education, and for other purposes. 
  • H.Res.139: Supporting goals and ideals of International Mother Language Day in bringing attention to the importance of preserving linguistic and cultural heritage through education.

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2019.html
Kloker v. Fort Peck Tribes  (Hunting Regulation; Riparian Boundaries)