New Scholarship on Wild Horses on Federal and Indian Lands

Elaina Erola has published “Wild and Untamed: The Problem of Wild Horses on Federal and Indian Lands” in the Journal of Environmental Law and Litigation.

Here is the abstract:

The management of wild horses in the American West has long been framed as a question of animal welfare, environmental stewardship, and federal land management. Missing from this discourse, however, is the disproportionate burden that unmanaged wild horse populations impose on Tribal Nations. This Article argues that the United States has failed to fulfill its trust responsibilities to federally recognized Tribes by inadequately addressing wild horse overpopulation on Indian lands, resulting in significant ecological degradation, resource depletion, and economic harm.

Drawing on historical accounts, federal statutes, agency practices, and case studies from the Navajo Nation, Blackfeet Nation, Wind River Reservation, Yakama Nation, Ute Indian Tribe, and others, this Article examines how federal wild horse policies have produced consequences that extend beyond Bureau of Land Management jurisdiction. While federal agencies devote substantial resources to managing wild horses on public lands, Tribal governments are often left to confront similar or greater population pressures with limited funding, uncertain jurisdictional authority, and inadequate federal support.

The Article situates these challenges within the broader framework of the federal trust responsibility, arguing that Indian lands, water resources, forage, wildlife habitat, and culturally significant plant species constitute trust assets deserving protection. Relying on trust doctrine jurisprudence, including United States v. Mitchell (“Mitchell II”), the Article contends that the federal government’s failure to address unmanaged horse populations on Tribal lands may constitute a breach of its fiduciary obligations. Finally, it explores potential legal and policy solutions, including expanded funding through self-determination contracts, enhanced consultation and co-management mechanisms, and greater recognition of Tribal authority to determine the legal status and management of wild horses within their territories.

By reframing wild horse overpopulation as both a tribal sovereignty issue and a trust responsibility issue, this Article highlights an overlooked dimension of federal Indian law and environmental governance and calls for a more equitable allocation of resources and decision-making authority to Tribal Nations.

Benton Paiute Sues to Stop Interior Dept. Culling of Wild Horse Herd

Here is the complaint in Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Reservation v. Dept. of the Interior (E.D. Cal.):

Denomie

California Superior Court Bars City of Corona from Disturbing Pechanga/Rincon/Soboba Ancestral Remains

Here is the order in Pechanga Band of Indians v. City of Corona (Cal. Super. Ct.):

Massachusetts Federal Court Orders Restoration of National Park Service Materials Censored by Interior Department

Here is the order is National Parks Conservation Association v. Dept. of the Interior (D. Mass.):

Excerpts:

Yurok Sues City of Trinidad over Ancestral Remains

Here is the complaint in Yurok Tribe v. City of Trinidad (Cal. Super. Ct.):

Unrelated.

Seattle Law School: “Indigenous Perspectives on AI: Appropriation, Regulation, and Innovation” on June 5, 2026

Here.

Join Seattle University School of Law for the 9th Annual Innovation and Technology Law Conference, a virtual gathering exploring Indigenous Perspectives on AI: Appropriation, Regulation, and Innovation.

 

  • Friday, June 5, 2026
  • 9:00 a.m. to 4:30 p.m.
  • Virtual event
  • Register to receive the Zoom link the day before the event

 

Presented by the Technology, Innovation Law, and Ethics (TILE) Institute and the SITIE Initiative, and co-sponsored by the Northwest Center for Indigenous Law, Seattle Journal of Technology, Environmental & Innovation Law (SJTEIL), and the American Indian Law Journal, this year’s conference brings together leading scholars, practitioners, and Indigenous leaders.

 

Through a full day of panels and discussion, you’ll gain insight into:

 

  • The legal and ethical implications of cultural appropriation in AI
  • Indigenous data sovereignty and emerging frameworks
  • AI regulation through the lens of tribal sovereignty
  • Innovative models led by Indigenous technologists and communities

 

View the full agenda and speaker lineup on the SITIE Conference event page.
Register now to be part of this timely and critical conversation.

Agenda

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D.C. Circuit Rejects Narragansett’s Challenge to Federal Highway Admin. Decisions

Here is the opinion in Narragansett Indian Tribe v. McMaster.

Briefs here.

Grand River Band Chairman Ron Yob Speaking at the Michigan Tribal-State-Federal Judicial Forum

Lummi Tribe Sues Telephone Company over Destruction of Ancestral Burial Plots

Here are the materials so far in Lummi Tribe v. Whidbey Telephone Co. (W.D. Wash.):

From the tribe:

The Lummi Nation filed a federal lawsuit against Whidbey Telecom, Whatcom County, and the U.S. Departments of Agriculture and Commerce alleging a multi-year pattern of federally funded broadband construction that repeatedly trenched through known ancestral burial grounds at Point Roberts, disturbing and destroying human remains while flouting mandatory tribal consultation and stop-work obligations under federal law. Ten days later, the Nation filed an emergency motion for a preliminary injunction supported by sworn declarations revealing that defendants assessed less than one percent of the construction area, that hundreds of ancestors’ remains may have been harmed by heavy equipment, and that the county admitted in writing to improperly issuing permits — seeking a court order to halt construction and compel full site access for recovery and reburial.

Amended Complaint in Apache Stronghold v. United States

Here:

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