Author: Matthew L.M. Fletcher

Trump Administration Returns Indian Affairs Offices to Defense Department

Matthew L.M. Fletcher4 Comments

News coverage here.

Related news: “Area Cherokee in Violation of Indian Removal of 1830.”

Colville Tribes Comment on Sinixt Case

Matthew L.M. Fletcher

Historic Victory for Sinixt Hunter Claiming Aboriginal Right to Hunt in Canada

Nelson, B.C. – In a landmark decision, the Provincial Court of British Columbia ruled today that Richard Desautel, a Sinixt descendant resident in the United States, has an aboriginal right to hunt in his traditional territory in Canada.

In 2010, Mr. Desautel was charged with hunting elk as a non-resident, and without a license, near Castlegar, B.C.    He is a member of the Lakes or Sinixt tribe of the Confederated Tribes of the Colville Reservation in Washington State, and asserted a constitutionally protected right to hunt in Sinixt traditional territory in Canada.  Sinixt territory stretches north from the Colville Reservation to the area in and around the Arrow Lakes in British Columbia. Link to decision here: http://canlii.ca/t/h2ss2

Updates in Comenout Litigation

Matthew L.M. Fletcher

Here are the materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

46 Motion to File Third Amended Complaint and PI

49 Motion for Sanctions

53 State Response to 46

54 US Response to 46

58 Reply in Support of 46

59 Response to 49

61 Reply in Support of 49

64 DCT Order Denying Motion for Sanctions

63 DCT Order Denying Motion to File

Prior posts here.

Ninth Circuit Materials in False Claims Act Appeal against Salish Kootenai College

Matthew L.M. Fletcher1 Comment

Here are the briefs in Cain v. Salish Kootenai College:

Opening Brief

College Brief

CSKT Brief

Reply

Oral argument video here.

Lower court materials in Cain v. Salish Kootenai College (D. Mont.):

16 Motion to Dismiss

21 Opposition

26 Reply

30 CSKT Amicus Brief

39 DCT Order

Federal Court Denies TRO in Matter it Already Dismissed under the Tribal Exhaustion Doctrine

Matthew L.M. Fletcher

Here are the new materials in Acres v. Blue Lake Rancheria (N.D. Cal.):

53 Motion for TRO

54 DCT Order Denying TRO

Prior posts here.

Ninth Circuit Materials in Protecting Arizona’s Resources and Children v. Federal Highway Administration

Matthew L.M. Fletcher

Here are the briefs:

Gila River Indian Community Opening Brief

Tohono O’odham Nation Amicus Brief

State Brief

Federal Brief

Lower court order:

132 DCT Order

Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.

Matthew L.M. Fletcher

Here are the briefs:

Opening Brief

Others briefs TK.

Lower court materials tag here.

ICT Coverage of U of A Tribal Disenrollment Conference, “Who Belongs?”

Matthew L.M. Fletcher

Here.

Ak-Chin Indian Community files suit against Central Arizona Water Conservation District (CAWCD)

Matthew L.M. Fletcher1 Comment

Here is the complaint in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.):

Complaint

National Indian Law Library Bulletin (3/24/2017)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/24/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was denied in Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity) on 3/20/17 and filed in Central New York Fair Business Association v. Zinke (Land into Trust) on 3/9/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Yazzie v. U.S. Environmental Protection Agency (Clean Air Act – Federal Implementation Plan)
Hopi Tribe v. U.S. Environmental Protection Agency (Clean Air Act – Federal Implementation Plan)
A.D. v. Washburn (Indian Child Welfare Act – Unconstitutional)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Kaplan v. State (State Taxation)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles about a recent court decision relating to the constitutionality of the Indian Child Welfare Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The mascot manifesto: Challenging the constitutionality of Section 2(a) of the Lanham Act in a heightened era of political correctness.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Three bills were added:
H.R.669: Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act.
S.691: A bill to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe.
H.R.1650: To establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.