HuffPo: “America Spent Centuries Mistreating Native American Children. Trump Is Making It Worse.”

Here.

Federal Court Orders Environmental Review of DAPL

Here is the opinion and order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

Yawwinma Nez Perce Rapid River Traditional Cultural Property

From Dan Rey-Bear:

This historic and ongoing tribal fishing ground near Riggins, Idaho was just listed on the National Register of Historic Places, https://www.gpo.gov/fdsys/pkg/FR-2017-06-07/pdf/2017-11737.pdf. For background, see the draft nomination form.

From page 42 of the draft nomination:

“For some Nez Perce, Rapid River is the only place they get to fish.” Of course, tribal members continue to fish the Clearwater, the Columbia, the Lochsa, the Selway, the Imnaha, the Grand Ronde, the Snake, and their tributaries, but the proximity of Yáwwinma, the relatively small size of the river, and the comparatively large number of returning of hatchery fish each year make Rapid River arguably the most important salmon stream for noncommercial Nez Perce fishermen and their families who depend on it as a ceremonial and subsistence fishery. The river and the grounds of Rapid River House [one of the two lots included in the listing] now literally belong to the Nez Perce Tribe, but traditional Nez Perce people would say just the opposite: we belong to Yáwwinma.

Also, the other listed lot owned by the Tribe is called “Barter Town”. Per pages 43-44, “According to Nez Perce fishermen, this contemporary place name also makes a direct allusion to the place of the same name in the 1985 postapocalyptic film Mad Max Beyond the Thunder Dome starring Mel Gibson and Tina Turner. In addition to being a descriptive name, Barter Town is also a prime example of Nez Perce humor and the dynamic vitality of the Nez Perce oral tradition.”

Ninth Circuit Decides US v. Gila River Irrigation District

Here are the materials, including the opinion:

USA v Gila Valley Irrigation District Opinion

US Opening Brief

GRIC and SCAT Appellants Brief

Freeport Minerals Brief

Irrigation Districts Brief

US Reply

San Carlos Apache Tribe Reply

Gila River Indian Community Reply Brief

Freeport Minerals Reply

Amicus Brief Supporting Appellees

Appellees Supplemental Brief

Appellants Supplemental Brief

“Presidents Lack the Authority to Abolish or Diminish National Monuments” (Published Version)

Mark Squillace, Eric Biber, Nicholas S. Bryner, & Sean B. Hecht have published “Presidents Lack the Authority to Abolish or Diminish National Monuments” in the Virginia Law Review Online. PDF

An excerpt:

The narrow authority granted to the President to reserve land[11] under the Antiquities Act stands in marked contrast to contemporaneous laws that delegated much broader executive authority to designate, repeal, or modify other types of federal reservations of public lands. For example, the Pickett Act of 1910 allowed the President to withdraw public lands from “settlement, location, sale, or entry” and reserve these lands for a wide range of specified purposes “until revoked by him or an Act of Congress.”[12] Likewise, the Forest Service Organic Act of 1897 authorized the President “to modify any Executive order that has been or may hereafter be made establishing any forest reserve, and by such modification may reduce the area or change the boundary lines of such reserve, or may vacate altogether any order creating such reserve.”[13]

Unlike the Pickett Act and the Forest Service Organic Administration Act, the Antiquities Act withholds authority from the President to change or revoke a national monument designation. That authority remains with Congress under the Property Clause.

Indian Law Student Scholarship Update

New article from the Buffalo Law Review:

Lauren Adornetto, Indian Country Complexities and the Ambiguous State of Marijuana Policy in the United States, 65 Buff. L. Rev. 329

New articles from the Vermont Law Review:

Nadia B. Ahmad, Trust or Bust: Complications with Tribal Trust Obligations and Environmental Sovereignty

 

Patrick Marass, Balancing the Fishes’ Scales: Tribal, State, and Federal Interests in Fishing Rights and Water Quality in Maine

Federal Court Denies Injunction in Mdewakanton Sioux Indians of Minnesota Federal Recognition Suit

Here are the materials so far in Mdewakanton Sioux Indians of Minnesota v. Zinke (D.D.C.):

1 Complaint

10 US Motion to Dismiss

13 Response

14 Reply

17 Motion for TRO

18 US Response

19 Reply

21 DCT Order Denying TRO

Drug Companies Challenge Cherokee Tribal Court Jurisdiction in Federal Court

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

2 Complaint

13 Motion for Injunction

The tribal court complaint in Cherokee Nation of Oklahoma v. McKesson Corp. is here.

 

Federal Nooksack Update: USDC (RICO), IBIA, IHS, EPA

Here are additional materials in Rabang v. Kelly (W.D. Wash.):

66 – Defendant Chief Judge Raymond Dodge’s Motion for Summary Judgment and Memorandum in Support Thereof

71 – Plaintiffs’ Response to Defendant Dodge’s Motion for Summary Judgment

80 – Defendant Chief Judge Raymond Dodge’s Reply in Support of Motion for Summary Judgment

And additional materials:

IHS Reassumption EPA Drinking Water FAQs Nooksack Tribal Members

3 27 17 Letter from EPA to Robert Kelly Jr

5 26 17 IBIA Appellee IHS Status Report Motion to Lift Stay

6 9 17 Letter from IHS to Nooksack Tribal Members

“Getting Rid Of Jeff Sessions Is More Important Than Getting Rid Of Donald Trump”

From Elie Mystal. An excerpt:

Look at what he’s already done:

Oh, and he’s one of the primary authors of the Muslim ban. I didn’t include that in the list above because the jury is still on whether Sessions successfully pushed through a religious test in the United States of America.

Former FBI Director’s testimony might actually rid us of Jeff Sessions.