Research

Lawsuit Challenging the Administration’s Withdrawal of the 2016 Adoption and Foster Care Analysis and Reporting System (AFCARS)

Kate Fort

Here is the Complaint. Plaintiffs include California Tribal Family Coalition, Cherokee Nation, and Yurok Tribe along with a number of LGBTQ+ organizations. 

Here is a link to all of our previous posts on AFCARS

Similarly, Defendants eliminated most questions related to how child welfare agencies treat children to whom ICWA applies. Although ACF had in 2016 found these questions essential to guide its allocation of resources to help AI/AN youth, Defendants abandoned them without any discussion of the value of the information being lost for AI/AN youth and the tribes seeking to protect them.

The Indian Law Clinic represents the plaintiffs in this case along with Democracy Forward and Lambda Legal.

Webinar on Special Education in the time of COVID-19

Monica Williamson

Free webinar on Special Education in the time of COVID-19: Foster Youth Educational Rights Under California Law. Flyer here.

Please R.S.V.P by September 1 by contacting Alyssa Hopper at (510) 267-1238 or alyssa.hopper@disabilityrightsca.org.

Indian Law Professors Amicus Brief in Fulton v. City of Philadelphia

Matthew L.M. Fletcher

Here:

Amicus Brief of Indian Law Professors

An excerpt:

Amici write to explain how the long and shameful history of treatment of Indian children by the child welfare system in the United States demonstrates the dangers of and substantial harms inflicted by discrimination in this setting, including in particular discrimination based on the religious beliefs of government employees or agents

Miigwetch to April Youpee-Roll for taking the lead!

Enbridge Line 5: Michigan Public Service Commission Litigation

Monica Williamson

See below for 1) Applicant Enbridge Energy, Limited Partnership’s Limited Objections to the Notice of Intervention of the Attorney General; (2) Applicant Enbridge Energy, Limited Partnership’s Limited Objections to the Petitions to Intervene Filed by The Bay Mills Indian Community, The Grand Traverse Band Of Ottawa And Chippewa Indians, Little Traverse Bay Bands Of Odawa Indians, and Notttawaseppi Huron Band Of The Pottawatomi; (3) Applicant Enbridge Energy, Limited Partnership’s Objections to the Petitions to Intervene Filed by The Michigan Environmental Council, Tip Of The Mitt Watershed Council, The National Wildlife Federation, For Love Of Water, The Environmental Law & Policy Center, And Michigan Climate Action Network and Certificate of Service.

mpsc-ltr-with-pos-objections-interventions.08-11-20-2Download
mpsc-ltr.objections-engos-intervention.08-11-20Download
mpsc-ltr.objections-tribes-intervention.08-11-20Download
mpsc-ltr.objections-ag-intervention.08-11-20Download

A pre-hearing was scheduled Wednesday August 12, 2020 at 1:00PM. Petitions to intervene from Bay Mills Indian Community, Grand Traverse Band, Little Traverse Bay Bands, and Nottawaseppi Huron Band below. In addition, the Attorney General is now intervening in the proceedings and Enbridge has asked for a rehearing which is also below.

20763-ag-noi-_mpscDownload
mpsc-ltr.-with-petition-rehearing.pos_.07-29-20-002Download
ltbb-odawa-petition-to-intervene-mpsc-u-20763Download
barry-skutt-affidavitDownload
nhbp-petition-to-interveneDownload

Other Line 5 posts here.

Federal Court Dismisses Equal Protection Claim against U.S. Arising from San Pasqual Band Membership Suits

Matthew L.M. Fletcher

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

105 Fourth Amended Complaint

110 Motion to Dismiss

116 Response

119 Reply

121 DCT Order

Prior post here.

Second Circuit Holds Treaties Do Not Provide Tax Immunity for Individual Indian-Owned Business on Fee Lands

Matthew L.M. Fletcher

Here is the opinion in Perkins v. Commissioner: Opinion

Briefs:

Perkins Brief

Commissioner Brief

Reply

Tax court opinion here.

Related case materials here.

Tribes Sues California over Gaming Compact Negotiations

Matthew L.M. Fletcher

Here is the complaint in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. State of California (E.D. Cal.):

1 Complaint

Oklahoma Tribes Sue Interior over Gaming Compact Approvals

Matthew L.M. Fletcher

Here is the complaint in Cherokee Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

1-1 Comanche Gaming Compact

1-2 Otoe-Missouria Gaming Compact

Update:

26 Amended Complaint

Kansas, Sac and Fox Nation, and Iowa Tribe Sue Interior over Wyandotte Nation Trust Land Acquisition

Matthew L.M. Fletcher

Here is the complaint in State of Kansas v. Bernhardt (D. Kan.):

1 Complaint

1-2 Secretary’s Decision Letter

Tribe Sues over Border Wall

Matthew L.M. Fletcher

Here is the complaint in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump (S.D. Cal.):

1 Complaint

Updated:

14-1 Motion for Injunction

21 Response

22 Reply

26 DCt Order