Aubol v. Andeavor Logistics LP Cert Petition [allotment trespass]

Here:

Question presented:

Whether individual Indian allottees with a current right of possession conferred by federal law have a federal common-law cause of action for trespass on their allotments.

Lower court materials here.

As Bryan Newland has been preaching lately (see his Strickland lecture), the federal courts have been treating tribal and Indian property rights as fungible because of their status as tribes and Indians, which is simply wrong. I’m glad Indian country is pushing back.

Tribal Nations and Students File Amended Complaint against BIE, DoED


Three Tribal Nations (Pueblo of Isleta, Prairie Band Potawatomi Nation, and Cheyenne Arapaho Tribes) along with Native students amended challenges against the United States Department of the Interior, the Bureau of Indian Education, and the United States Department of Education for unlawfully failing to consult with Tribal Nations on two sets of key agency actions directly impacting the education of Native American students.

You can see previous posts on this case here.

From the Archives: 70 years since the Indian Relocation Act

Public Law 959, known as the Indian Relocation Act of 1956, was enacted on August 3, 1956. The National Archives has assembled an excellent online guide to BIA urban relocation records, including the original statute, federal relocation promotional materials, field office records, case files, and records from the relocation offices including the Chicago relocation office for folks interested in Great Lakes relocation history.

Additional resources

Native community centers helped preserve culture and connection during urban relocation, Rachel Schuit for Crosswinds, August 3, 2026

The Federal Indian Relocation Programme of the 1950s and the Urbanization of Indian Identity, Donald Fixico, in
RICHARD BESSEL AND CLAUDIA B. HAAKE (eds.), Removing Peoples. Forced Removal in the Modern World (Oxford: Oxford University Press, 2009)

New Scholarship on Interior’s Foot Dragging on Implementation of the Indian Trust Asset Reform Act of 2016

Thomas Stratmann has posted “Ten Years, Three Tribes” on the Rules and Results substack.

Here is an excerpt:

The Tulalip Tribes have been a fishing people for as long as anyone remembers. Their reservation runs 22,000 acres along the eastern shore of Puget Sound, 35 miles north of Seattle. The waters at the edge of the reservation, where the tide goes out and exposes the mudflats, are where shellfish grow, and salmon come to spawn. In an 1855 treaty, the United States agreed that those waters would always belong to the Tribes. The treaty remains in force today.

Today, 73 private docks and 124 private mooring buoys cover the Tulalip shoreline. Many were built without tribal permission. Tulalip’s own Natural Resources Department documents the consequences: water quality has fallen, salmon populations have fallen, and shellfish beds have closed.

In 2019, Tulalip asked the federal government for the authority to manage their own shoreline. The federal government said no.

In 2023, they asked again. The federal government said no.

California Federal Court Dismisses FTCA Claim against BIA Officials for Interfering with Attorney Contract [Miwok leadership dispute]

Here are the materials in Corrales v. United States (S.D. Cal.):

Crow Citizen Sues BIA Cops for Trespass, False Imprisonment, Etc. under Bad Men Clause/FTCA

Here is the complaint in Siemion v. United States (D. Mont.):

Federal FTCA Suit Filed over BIA Cop Killing of Turtle Mountain Chippewa Citizen

Here is the complaint in Wilkie v. United States (D.N.D.):

Eighth Circuit Denies Indian Property Rights (again) and Affirms Dismissal of Trespass Claims against Pipeline Company

Here is the opinion in Chase v. Andeavor Logistics PC.

Briefs:

Lower court materials.

New Mexico Federal Court Dismisses FTCA False Arrest Suit against Picuris Pueblo/BIA Cops

Here are the materials in Farden v. United States (D.N.M.):

1 Complaint

59 Motion for Summary J

61 Response

65 Reply

73 DCT Order

Crow Nation Sues BIA over Being Placed on “Do Not Pay” List

Here is the complaint in Crow Tribe v. United States (D. Mont.):