D.C. Circuit Grants Hoopa Tribe Petition re: Klamath River Hydropower

Here is the opinion in Hoopa Valley Tribe v. FERC.

Briefs here.

Steven Pevar: “The Shutdown Is Disproportionally Hurting Native Americans”

Here.

Federal Court Orders Exhaustion in Suit against Tribal Corporation

Here are the materials in World Fuel Services Inc. v. Nambe Pueblo Development Corporation (D. N.M.):

1 complaint

15 motion to dismiss

22 response

27 reply

32 dct order

Federal Court Declines to Dismiss Federal Prosecution of Alleged DV Offender Subsequent to Tribal Conviction

Here are the materials in United States v. Denepzi (D. Colo.):

1 indictment

29 motion to dismiss + cio pleadings [deleted]

30 us response

31 reply + exhibits

32 dct order

National Indian Law Library Bulletin (1/22/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 1/22/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in:

  • Sally Jim v. United States (Federal Taxation)
  • Miccosukee Tribe of Indians v. United States (Federal Taxation; Tribal General Welfare Exclusion Act)
  • Casino Pauma v. National Labor Relations Board (National Labor Relations Act; Employment Law)
  • McNeal, et ux. v. Navajo Nation (Jurisdiction; Torts)
  • Saint Regis Mohawk Tribe, et al. v. Mylan Pharmaceuticals, Inc., et al. (Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Davilla v. Enable Midstream Partners L.P. (Easements; Trespass)
Koi Nation of Northern California v. United States of the Interior (Gaming – Restored Lands)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles relating to support for the Indian Child Welfare Act.

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

  • H.R.558: To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes.
  • H.R.453: To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians, and for other purposes.
  • H.R.644: To approve the settlement of the water rights claims of the Navajo Nation in Utah, and for other purposes.

Arizona Appellate Court Enforces Tribal Court Attorney Fees Award

Here is the unpublished opinion in Chemehuevi Indian Tribe v. Mullally:

1 ca-cv 18-0175

Ninth Circuit Vacates Stillaguamish Effort to “Engineer” Jurisdiction in an Immunity Defense Case

Here is the opinion in Stillaguamish Tribe of Indians v. State of Washington.

Materials here.

Federal Court Dismisses Tort Claim against Tribal Casino for Lack of Diversity Jurisdiction

Here are the materials in Dettle v. Treasure Island Resort & Casino (D. Minn.):

11 amended complaint

24 motion to dismiss

31 response

38 magistrate report

41 letter to court

42 response to objection

43 dct order

Huy Request of UN Human Rights Committee Re: United States Religious Treatment of Indigenous Prisoners

Here:

huy submission to un human rights committee re united states 5th periodic review and indigenous prisoners’ religious freedoms

Federal Court Refuses to Dismiss APA Suit Re: Nooksack Special Council Election

Here are the materials from Doucette v. Zinke (W.D. Wash.):

9. 9-7-18 notice of motion and interior defedendants’ motion to dismiss; memorandum of points and authorites in support thereof

11. 10-1-18 plaintiffs’ response to interior defendants’ motion to dismiss

13. 10-5-18 reply memorandum re interior defendants’ motion to dismiss

15. 12-21-18 minute order denying interior defendants’ motion to dismiss

18. 1-3-19 first amended complaint for equitable relief