National Indian Law Library Bulletin (8/31/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/31/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Washington v. U.S. (Fishing Rights) on 8/17/17.
Petition for certiorari was filed in Alaska v. Ross (Climate Change – Threatened Species) on 7/23/17.
Petition for certiorari was filed in Town of Vernon v. U.S. (Land into Trust; Commerce Clause) on 6/23/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about tribal taxation of oil drillers. The Environment & Energy section includes a story about challenges to protect Pacific salmon habitat.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Civil Jurisdiction)
Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Civil Jurisdiction)
Coeur D’alene Tribe v. Hawks (Civil Jurisdiction)
Picayune Rancheria of Chukchansi Indians v. United States Department of the Interior (Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
State of Utah, In the Interest of P.F. (Indian Child Welfare Act – Expert Testimony)
In re Detmer/Beaudry (Michigan Indian Family Preservation Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
A collective memory of injustice: Reclaiming Hawai’i’s Crown Lands Trust in response to Judge James S. Burns.
Sullying the scholar’s craft: An essay and criticism of Judge James S. Burn’s Crown Lands Trust article.
Ninth Circuit applies Winters doctrine to groundwater.
Back to the future: How the holding of Shelby County v. Holder has been a reality for South Dakota Native Americans since 1975.
Bystander no more? Improving the federal response to sexual violence in Indian country.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a final interim rule of the Department of the Interior, Fish and Wildlife Service, on migratory bird hunting regulations on certain federal Indian reservations for the 2017-18 season.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3657: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide headstones and markers for the graves of spouses and children of veterans who are buried in tribal cemeteries.

Washington State Anti-Indian Group Invites British White Supremacist to Speak in Spokane

From Institute for Research & Education on Human Rights, here.

Federal Court Dismisses Effort to Shut Down Indian Casino Project Allegedly Built on Indian Cemetery

Here are the materials in Rosales v. Dutschke (E.D. Cal.):

62-1 Tribally Related Defendants Motion to Dismiss

63-1 Federal Defendants Motion to Dismiss

74 Response to Federal Motion

75 Response to Tribal Motion

80 Federal Reply

84 Tribal Reply

98 DCT Order

Federal Court Dismisses Construction Contractor’s Section 1983 Action against Reno-Sparks Indian Colony

Here are the materials in Forsythe v. Reno-Sparks Indian Colony (D. Nev.):

17 Tribe Motion to Dismiss

19 Wood Rodgers Inc Motion to Dismiss

24 Response to Tribe Motion

25 Response to Wood Rodgers Inc

27 Tribe Reply

28 Wood Rodgers Reply

38 DCT Order

Skokomish Tribe Effort to Re-Open Its U&A Fishing Territory Fails

Here are the materials in United States v. Washington subproceeding 17-1 (Skokomish Indian Tribe v. Squaxin Island Tribe of the Squaxin Island Reservation) (W.D. Wash.):

1-1 Skokomish Request for Determination

21 S’Klallam Tribes Motion to Dismiss

23 Squaxin Island Motion to Dismiss

32 Skokomish Response

33 S’Klallam Reply

35 Squaxin Reply

41 Squaxin Reply

42 DCT Order

Nothing Good in this News Coverage on Trump Administration Office of Indian Energy Appointee (Update — The Official Just Resigned)

Here is “This Trump appointee says it was hackers, not him, who called Obama’s mom a ‘w@!re’” from CNN.

Here is the article noting the resignation.

Oregon State Bar Indian Law Section CLE (9/15/2017)

Here (PDF):

IND17_Page_1

Continue reading

Federal Court Rules Cherokee Freedmen Retain Treaty Rights

Here is the opinion in Cherokee Nation v. Nash (D.D.C.).

More details tomorrow.

An excerpt:

The Court finds it confounding that the Cherokee Nation historically had no qualms about regarding freedmen as Cherokee “property” yet continues, even after 150 years, to balk when confronted with the legal imperative to treat them as Cherokee people. While the Cherokee Nation might persist in its design to perpetuate a moral injustice, this Court will not be complicit in the perpetuation of a legal injustice.  

Briefs here. Case tag here.

Federal Court Dismisses Kialegee Tribal Town v. Dillinger for Lack of Federal Question

Here are the materials in Kialegee Tribal Town v. Dellinger (N.D. Okla.):

2 Complaint

4 Motion for PI

8 DCT Order

an excerpt:

The Court finds that it lacks subject matter jurisdiction over this case because plaintiffs have not shown in their complaint that the Court would be required to resolve a substantial and disputed question of federal law. Plaintiffs’ complaint identifies an issue of federal law concerning the enforcement of IGRA by an Indian tribe, but plaintiffs have not adequately alleged facts supporting even an inference that the MCN was seeking to enforce IGRA. Dellinger’s letter strongly supports the conclusion that the MCN was seeking to enforce its own laws when it took possession of the Bruner allotment. The law is clearly established that federal courts lack the authority to resolve disputes over tribal law, and such disputes fall exclusively within the jurisdiction of tribal courts. Attorney’s Process & Investigation Servs., Inc. v. Sac & Fox Tribe of Mississippi in Iowa, 609 F.3d 927, 943 (8th Cir. 2010); Wheeler v. United States Dep’t of Interior, Bureau of Indian Affairs, 811 F.2d 549, 551-52 (10th Cir. 1987). The Court lacks jurisdiction to hear matters solely concerning the interpretation of tribal law, and plaintiffs must litigate their case in tribal court to the extent that plaintiffs’ contest the enforcement of tribal gaming laws. As the parties seeking to invoke the jurisdiction of this court, plaintiffs bear the burden to establish that “federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.” Franchise Tax Bd. of State of California, 463 U.S. at 27-28. Plaintiffs have failed to meet their burden, and this case should be dismissed.

Alaska v. Ross Cert Stage Materials (ESA Seal Listing)

Here:

Cert Petition

AFN Amicus Brief

Fed Cert Opp

Alaska Reply