Author: Matthew L.M. Fletcher

Federal Court Bars South Dakota from Collecting Taxes on Non-Indian Contractors Working on Tribal Casino Construction Project

Matthew L.M. Fletcher

Here are the materials in Flandreau Santee Sioux Tribe v. Sattgast (D.S.D.):

32 State Motion for Summary J

75 Flandreau Motion for Summary J

78 State Opposition

81 Flandreau Opposition

87 State Reply

89 Flandreau Reply

102 DCT Order

Florida Supreme Court Disbars Former Tribal Lawyer

Matthew L.M. Fletcher

Here is the order in Florida Bar v. Bernardo Roman III:

FL SCT Order

Materials here.

Federal Court Dismisses Counterclaim to Tribe’s Quiet Title Action

Matthew L.M. Fletcher

Here are the materials in Grindstone Indian Rancheria v. Olliff (E.D. Cal.):

1 Complaint

16 Motion to Dismiss Counterclaim

18 Opposition

19 Reply

21 DCT Order

California Appellate Court Affirms Dismissal of Silvia Burley Suit against California Gambling Control Commission under Anti-SLAPP Rule

Matthew L.M. Fletcher

Here is the unpublished opinion in California Miwok Tribe v. Everone:

d072141

CalMatters: “Native American tribes clash with UC over bones of their ancestors”

Matthew L.M. Fletcher

Here.

Federal Court Dismisses All But One Claim in Long-running Dahlstrom v. United States [wrongful discharge from Sauk-Siuattle]

Matthew L.M. Fletcher

Here are the materials in Dahlstrom v. United States (W.D. Wash.):

69 us motion to dismiss

73 opposition

75 reply

77 dct order dismissing second amended complaint

 

 

Federal Court Rejects Constitutional Challenge to IRA Section 5 [fee to trust statute]

Matthew L.M. Fletcher

Here are the materials in Club One Casino v. Dept. of Interior (E.D. Cal.):

36-1 club one casino motion for summary j

37-1 doi motion for summary j

38 club one reply

39 doi reply

40 dct order

Prior post here.

National Indian Law Library Bulletin (7/12/2018)

Matthew L.M. Fletcher1 Comment

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/12/18.

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

  • American colonialism and constitutional redemption.
  • An analysis of the lack of protection for intangible tribal cultural property in the digital age.
  • The Trump public lands revolution: Redefining “the public” in public land law.
  • Global water crisis and human rights: A glass half empty.
  • The untold story of the Dakota Access Pipeline: How politics almost undermined the rule of law.
  • The distributive state and the function of tax expenditures.
  • Congressional power and sovereignty in Indian affairs.

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (Tribal Sovereign Immunity)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State of North Dakota v. Peltier (Child Support – Concurrent Jurisdiction)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about a dispute between Maine tribes and the EPA over water quality rules.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature notices of the Department of the Interior relating to leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act) for two tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.6147: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019.

Federal Court Dismisses Part of Claim against Office of Navajo and Hopi Relocation [possibly the creepiest federal agency name]

Matthew L.M. Fletcher

Here are the materials so far in Tso v. Office of Navajo and Hopi Relocation (D. Ariz.):

1 complaint

17 motion to dismiss count ii

20 response

23 reply

24 dct order

Stand Up For California v. Dept. of Interior Cert Petition

Matthew L.M. Fletcher

Here:

sufc cert petition

Questions presented:

1. This case presents the question whether the Secretary may conclude that a casino “would not be detrimental to the surrounding community” despite uncontroverted evidence the casino will have unmitigated detrimental impacts to the community.

2. This case presents the question whether multiple Indians residing on the same reservation are, per se, an “Indian tribe” irrespective of the individual Indians‘ tribal affiliations, if any.

Lower court materials here.