Virginia Federal Court Dismisses Winnebago Effort to Reclaim Indian Children’s Remains

Here are the new pleadings in Winnebago Tribe of Nebraska v. United States Department of the Army (E.D.Va.):

45 Reply

50 DCT Order

Prior posts here and here.

Hualapai Nation Sues Interior over Approval of Mine Project that Threatens Ha’Kamwe’

Here is the complaint in Hualapai Indian Tribe v. Haaland (D. Ariz.):

D.C. Federal Court Rules against Narragansett Challenge to Federal Highway Project

Here are the materials in Narragansett Indian Tribe v. Bhatt (D.D.C.):

Prior post here.

Not the Highway at issue. . . .

Quechan Wins $8M+ FTCA Judgment for Negligent Destruction of Cultural Property

Here are materials in Quechan Indian Tribe v. United States (S.D. Cal.):

405 Tribe Damages Brief

405-1 Meyer Dec

405-2 Meyer Dec Exh A

405-3 Somerville Dec

Dkt 407 Judgment

Doc 404 Findings Conclusion and Order

Prior post here.

Update in Winnebago Tribe Suit against the Army over Remains of Indian Child at Carlisle

Here are the new pleadings in Winnebago Tribe of Nebraska v. United States Department of the Army (E.D.Va.):

Greg Smith on the STOP Act

Gregory D. Smith has published “The STOP Act Must Yield the Right-of-Way to Grandma’s Antique Dream Catcher: A Call to Congress” in the Journal of Global Rights and Organizations and Impunity Watch News. Here is the PDF:

Ninth Circuit Rejects Full En Banc Petition in Oak Flat Case

Here is the amended opinion and the order denying en banc review before the full court.

Panel decision and briefs here.

Ka’ila Ferrell Smith

Elena Baylis on NAGPRA and Looted Cultural Objects

Elena A. Baylis has posted “Looted Cultural Objects,” forthcoming in the Columbia Law Review Forum, on SSRN. Here is the abstract:

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. But while the United States does not have a law concerning looted foreign cultural objects, it does have a statute governing the repatriation of Native American cultural items and human remains. The Native American Graves Protection and Restoration Act requires museums to return designated Native American cultural objects to their communities – even if they were obtained before the law went into effect. This statute offers a valuable model for repatriating foreign cultural objects that were taken from formerly colonized peoples.

Arizona Federal Court Declines to Enjoin Power Line

Here are the materials in Tohono O’Odham Nation v. Department of the Interior (D. Ariz.):

16 Motion for Injunction

27 SunZia Response

30 Federal Response

43 Reply

56 DCt Order

Prior post here.

Wisconsin Federal Court Allows Race Discrimination Claim against Bank to Proceed on behalf of Native American Church Practitioners

Here are the materials so far in Mashkikii Boodawaaning (Medicine Fireplace) Inc. v. Chippewa Valley Agency Ltd. (W.D. Wis.):