Author: Matthew L.M. Fletcher

Federal Magistrate Recommends Dismissal of ICRA Habeas for Failure to Exhaust [Kewa Pueblo]

Matthew L.M. Fletcher1 Comment

Here are the materials so far in Aguilar v. Rodriguez (D.N.M.):

1 habeas petition

9 santo domingo answer

11 magistrate report

Federal Court Won’t Acknowledge Chinook Tribe, but Allows Suit to Challenge Federal Acknowledgement Regs

Matthew L.M. Fletcher1 Comment

Here is the order in Chinook Indian Nation v. Zinke (W.D. Wash.):

45 dct order

Materials here,

WaPo Story on Banned Poisons Still Being Used to Kill Eagles

Matthew L.M. Fletcher

Here is “Thirteen bald eagles were found dead in a field. This is what killed them.“

Federal Court Partially Grants Motion to Reconsider in White Mountain Apache Trust Breach Suit

Matthew L.M. Fletcher

Here are the new materials in White Mountain Apache Tribe v. United States (Fed. Cl.):

26-1 motion for reconsideration

32 response

35 reply

37 wmat supplemental brief

38 us response to 37

39 dct order

Prior post here.

Post-Trial Briefs in Tulalip Tribes v. Washington [Quil Ceda]

Matthew L.M. Fletcher

Here are the post-trial briefs in Tulalip Tribes v. State of Washington (W.D. Wash.):

stateposttrialbrief

tulalipposttrialbrief

Case tag here.

Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

Matthew L.M. Fletcher

Here is the unpublished opinion:

17-35336 docket 47_6.18.2018

Briefs here.

South Dakota SCT Dismisses Appeal Challenging State Utility Approval of Keystone XL Pipeline

Matthew L.M. Fletcher

Here is the opinion:

in re keystone xl pipeline

NYTs: “Video Shows Border Patrol SUV Hitting Native American Man, Then Driving Away”

Matthew L.M. Fletcher

Here.

National Indian Law Library Bulletin (6/14/2018)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/14/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Citizen Potawatomi Nation v. Oklahoma (Indian Gaming – Arbitration) on 5/30/18.
A Per Curium Opinion was issued in Washington v. U.S. on 6/11/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Rejecting the Zero-Sum game in daily fantasy sports: A proposal for Arizona.
  • The Supreme Court’s last 30 years of Federal Indian Law: Looking for equilibrium or supremacy?
  • Valuable lessons to learn from Tribal innovation.
  • The rapidly increasing extraction of oil, and Native Women, in North Dakota.
  • Statutory divestiture of Tribal Sovereignty.
  • Breaking faith with the Tribal Sovereignty Doctrine.
  • The puzzle of traditional knowledge.
  • Tribes and Cannabis: Seeking parity with States and consultation and agreement from the U.S. Government.
  • Lewis v. Clarke (15-1500).
  • DAPL: Storm clouds on the horizon in Indian Country.
  • The Volkswagen Settlement: An opportunity for Tribes to mitigate nitrous oxide emissions in Indian Country.
  • Domestic Violence.
  • Indian Nations and The Constitution.

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
United States v. Jim (Gaming Revenue Distributions; Taxation)
California v. Picayune Rancheria of Chukchansi Indians of California (Official Tribal Government)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
White v. Schneiderman (Cigarette Taxation)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about a U.S. Supreme Court decision that upholds protections for salmon.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:

  • H.R.6030: Tribal School Federal Insurance Parity Act.
  • S.3046: Tribal Food Sovereignty Act of 2018.
  • H.R.3744: Tribal Recognition Act of 2017.
  • S.1285: Oregon Tribal Economic Development Act.

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, regarding the new list of designated tribal agents for service of notice in compliance with the Indian Child Welfare Act.

Iowa Law Review Student Scholarship on How NHPA Fails Tribal Interests

Matthew L.M. Fletcher

Amanda M. Marincic has published “The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations” in the Iowa Law Review.

An excerpt:

Beginning in 2016, the Standing Rock Sioux Tribe engaged in a highly-publicized, year-long legal battle with Energy Transfer Partners regarding the construction of the Dakota Access Pipeline (“DAPL”). The Tribe initially argued that the DAPL’s construction would destroy ancient burial sites and potentially poison their only source of drinking water, the Missouri River. The Tribe also argued that the agency involved in the project, the Army Corps of Engineers, did not fulfill the obligations required by the NHPA. For a while, the fate of the DAPL was uncertain, with permits for construction being denied and then granted. After the Army Corps of Engineers granted the permit pursuant to President Trump’s memorandum, construction on the DAPL was completed. After several failed attempts by the Standing Rock Sioux to halt operation of the DAPL, a federal district judge ruled in June 2017 that the environmental impact studies done on the DAPL were inadequate. While this ruling is a small victory for the Standing Rock Sioux Tribe, the NHPA was useless in protecting its cultural sites from significant damage.