Federal Court Rejects Martha’s Vineyard Landowners Suit for Compensation after Failed Land Disputes with Tribe, State, Everyone Else

Here are the materials in DeCoulos v. Town of Aquinnah (D. Mass.):

15 town of aquinnah motion to dismiss

20 community association motion to dismiss

24 opposition

35 dct order

Federal Court, US, Omaha Tribe Allow Utility’s Condemndation of Omaha Allotment Land to Proceed

Here are the materials in Northern Natural Gas Company v. 80 Acres of Land in Thurston County, Neb. (D. Neb.):

36 gas motion for summary j

41 us acquiescence

42 pro se defendant opposition

43 reply

49 dct order

Troy Eid on Energy Development and Tribal Consultation

Troy Eid has published Beyond Dakota Access Pipeline: Energy Development and the
Imperative for Meaningful Tribal Consultation
in the Denver University Law Review.

National Indian Law Library Bulletin (7/25/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/24/18.

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

  • Access to justice: Impact of Twombly Iqbal on state court systems.
  • Intellectual property, traditional knowledge, and traditional cultural expressions in Native American tribal codes.
  • Atmospheric trust litigation: Securing a constitutional right to a stable climate system.
  • Beyond Dakota Access Pipeline: Energy development and imperative for meaningful tribal consultation.
  • Here today, gone tomorrow — Is global climate change another white man’s trick to get Indian land? The role of treaties in protecting tribes as they adapt to climate change.
  • For a lump of coal & a drop of oil: An environmentalist’s critique of the Trump administration’s first year of energy policies.
  • Environmental justice in the United States: The human right to water.
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Gabriel v. Colville Business Council (Tribal Government – Expulsion of Council Member)
Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Navajo Nation v. Dalley (Slip and Fall; Jurisdiction; Gaming)
Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. (Inter Partes Review; Tribal Sovereign Immunity; Patent Law)
Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission (Uranium Mining; Cultural Resources Protection)
Stand up for California! v. United States Department of the Interior (Gaming; Administrative Procedures Act)
Flandreau Santee Sioux Tribe v. Sattgast (State Taxation)
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about Native American homelessness.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature notice of the Department of the Interior, Bureau of Indian Affairs, relating to Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs.
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.
S.3216: Justice for Native Survivors of Sexual Violence Act.

Federal Court Allows Claims of Federal Employee Retaliated Against for Complaining about Washington Football Team Paraphernalia at Work to Proceed

Here are the materials in TallBear v. Perry (D.D.C.):

1 Complaint

9 Motion to Dismiss

12 Opposition

13 Reply

16 DCT Order

Muscogee Creek Freedmen Groups Sues Interior, Muscogee (Creek) Nation Principal Chief

Here is the complaint in Muscogee Creek Indian Freedmen Band, Inc. v. Zinke (D.D.C.).

From the press release:

The Muscogee Creek Nation (“MNC”), with full knowledge and approval of the DOI, continues to deny so-called “Creek Freedmen” and their Descendants their Creek citizenship in violation of the Creek Treaty of 1866, the Constitution of the United States, the Administrative Procedure Act, and the Indian Civil Rights Act. The so-called Creek Freedmen continue to be denied basic rights of citizenship including but not limited to their right to vote, right to hold office, and right to be recognized for who they are: Creek Indians by birthright, heritage, history, and culture.  The named Defendants are the Creek Nation Principal Chief,James Floyd; the United States Department of the Interior (“DOI”); and the Hon. Ryan Zinke, Secretary of DOI. 

 

Tenth Circuit Rules against State Jurisdiction over Navajo Casino Tort Claims

Here is the opinion in Navajo Nation v. Dalley:

ca10 opinion

Briefs here.

Tenth Circuit Briefs in Ute Indian Tribe v. Lawrence

Here:

ute opening brief

becker brief

lawrence brief

Reply

Lower court materials here.

List of Federally Recognized Indian Tribes (July 23, 2018)

Here.

WaPo: “Trump administration officials dismissed benefits of national monuments”

Here.