Author: Matthew L.M. Fletcher

National Indian Law Library Bulletin (8/23/2018)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/23/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

http://www.narf.org/nill/bulletins/lawreviews/2018.html

• Laissez-faire water appropriation meets land use planning in Washington’s Hirst decision.

• A historical reassessment of Congress’s “Power to Dispose of” the public lands.

• Bearing the burden: Environmental injustice in the protection of the Polar Bear: Alaska Oil & Gas Ass’n v. Jewell (9th Cir. 2016).

• Native Americans: A crisis in health equity.

• Monumental power: can past proclamations under the Antiquities Act be trumped?

• The University of Denver Water Law Review Eleventh Annual Symposium: Foraging sovereignty, self determination, and solidarity through water law.

• A proposal for a national tribally owned lien filing system to support access to capital in Indian Country.

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Federal Courts Bulletin

http://www.narf.org/nill/bulletins/federal/2018.html

Chippewa Cree Tribe of Rocky Boy’s Reservation, Montana v. U.S. Department of Interior (Whistleblowing)

Crow Creek Sioux Tribe v. United States (Federal Trust; Water Rights)

Upper Lake Pomo Association v. Morton (Lands – Federal Trust Status)

State Courts Bulletin

http://www.narf.org/nill/bulletins/state/2018.html

In the Matter of: P.T.D. (Indian Child Welfare Act – Termination of Parental Rights)

News Bulletin

http://www.narf.org/nill/bulletins/news/currentnews.html

In the Tribal Government section, we feature an article about a tribal whistleblower case.

Regulatory Bulletin

http://www.narf.org/nill/bulletins/regulatory/2018.html

We feature a notice of the Department of the Interior, Bureau of Indian Affairs, of availability of the Draft Bears Ears National Monument Indian Creek and Shash Jáa Units Monument Management Plans and associated environmental impact statement.

U.S. Legislation Bulletin

http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html

The following bills were added:

• H.R.6414: To amend title 23, United States Code, to extend the deadline for promulgation of regulations under the tribal transportation self-governance program.

• H.R.6660: National Fish Habitat Conservation Through Partnerships Act.

ELPC and NWF Lawsuit Filed Against U.S. Coast Guard for Its Failure to Have a Sufficient Emergency Response Plan in Place in the Event of an Enbridge Line 5 Oil Pipeline Spill in the Great Lakes

Matthew L.M. Fletcher

Here is the complaint in Environmental Law and Policy Center v. United States Coast Guard (E.D. Mich.):

elpc_nwf-complaint-uscg.pdf

NYTs: “Cost of New E.P.A. Coal Rules: Up to 1,400 More Deaths a Year”

Matthew L.M. Fletcher

Here.

Ninth Circuit Rejects Tribe’s Challenge to Interior Determination in Whistleblower Case

Matthew L.M. Fletcher

Here is the opinion in Chippewa Cree Tribe of the Rocky Boy Reservation v. Dept. of Interior. A related unpublished opinion in St. Marks v. Dept. of Interior is here.

From the court’s syllabus:

The panel denied a petition for review by the Chippewa Cree Tribe challenging a decision of the U.S. Department of the Interior that ordered the Tribe to provide relief to Ken St. Marks, who was removed from the Tribe’s governing body – the Business Committee – in retaliation for his whistleblowing. 

St. Marks informed the Department of the Interior that members of the Business Committee were misusing federal stimulus funds awarded to the Tribe by the Department pursuant to the American Recovery and Reinvestment Act. The Act contains robust whistleblower protections.

Briefs here.

Lower court materials here.

News Coverage of Line 5 Camp at Cross Village

Matthew L.M. Fletcher

Here is “Protesters set up camp near Line 5.“

Ninth Circuit Briefs in Diné Citizens against Ruining Our Environment v. BIA [Rule 19 Joinder; Four Corners Power Plant & Navajo Mine]

Matthew L.M. Fletcher

Here:

Appellant Brief

Arizona Public Service Co Brief

Navajo Transitional Energy Company, LLC Brief

United States Brief

Navajo Nation Amicus

Reply

Oral argument video here.

Materials in Dispute over Ownership of Lot 28 on the Lone Pine Indian Reservation

Matthew L.M. Fletcher

Here are the materials in Watterson v. Fritcher (E.D. Cal.):

1 Complaint

20 Watterson Motion for Summary J

27 DCT Order

WaPo Profile of Lumbee Nationhood Struggle

Matthew L.M. Fletcher

Here is “What Makes Someone Native American? One tribe’s long struggle for full recognition.”

Materials on the Nakai case are here and here.

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

Matthew L.M. Fletcher

Here is the opinion in Crow Creek Sioux Tribe v. United States.

Briefs:

Crow Creek Opening Brief

US Response Brief

Reply

Lower court materials.

Materials in Dispute over Trust Status of Parcel 5 at Upper Lake Rancheria

Matthew L.M. Fletcher

Here are the materials in the zombie case, Upper Lake Pomo Association v. Morton (E.D. Cal.) [yes, that’s Rogers Morton and yes, the caption number starts with 75]:

320 Jackson Motion to Enforce

324-1 Diwald Motion to Intervene

325 US Opposition to 320

328 Opposition to 324

332 Jackson Reply in Support of 320

333 Diwald Reply in Support of 324

335 DCT Order