Administrative Law Review Podcast on the Mashpee Wampanoag Tribe’s Federal Recognition Struggle

Here.

On today’s episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag’s land from its federal trust. This action is only a continuation of the Mashpee Wampanoag’s four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth.

Olivia and Professor Fletcher discuss Olivia’s comment, which she wrote as part of ALR’s comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.

Ninth Circuit Rejects Challenge to Jamul Indian Village Gaming Ops

Here is the opinion in Jamul Action Committee v. Simermeyer.

Briefs here.

Federal Court Rejects Mandamus Motion by Unrecognized Tribe Seeking Federal Recognition

Here are the materials in Mdewakanton Band of Sioux in Minnesota v. Bernhardt (D.D.C.):

1 Petition for Mandamus

8-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

Taylorsville Rancheria Federal Recognition Suit Allowed to Proceed

Here are the materials in Tsi Akim Maidu of Taylorsville Rancheria v. Dept. of the Interior (E.D. Cal.):

1 Complaint

12 US Motion to Dismiss

13 Response

17 Reply

33 DCT Order

34 First Amended Complaint

35 US Motion to Dismiss

36 Opposition

39 Reply

41 DCT Order

Burt Lake Band Prevails in Federal Recognition Procedural Dispute with Interior, Case Remanded

Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):

Briefs here.

Federal Court Strikes Ban on Chinook Federal Acknowledgment Petition, Violates APA

Here are the materials in Chinook Indian Nation v. Bernhardt (W.D. Wash.), formerly Chinook Indian Nation v. Zinke:

93-us-motion-for-partial-summary-judgment.pdf

97-chinook-response.pdf

99-us-reply.pdf

101-chinook-motion-for-partial-summary-j-1.pdf

102-chinook-motion-for-partial-summary-j-2.pdf

108-us-response-to-101.pdf

109-us-response-to-102.pdf

112-dct-order.pdf

Prior posts here.

Ninth Circuit Confirms Interior’s Denial of Federal Recognition for Ukiah Valley Pomo Indian Tribe

Here are the materials in Allen v. United States:

Unpublished Opinion

allen-opening-brief.pdf

federal-answer-brief.pdf

reply-.pdf