Northern Public Affairs Special Issue on Canadian Indian Treaty Implementation

Here.

Snoqualmie Tribes Sues for Treaty of Point Elliott Rights

Here is the complaint in Snoqualmie Indian Tribe v. State of Washington (W.D. Wash.):

1-complaint-1-1.pdf

Tenth Circuit Affirms United States v. Uintah Valley Shoshone Tribe

Here is the opinion. An excerpt:

We recognize that in interpreting federal statutes in Indian affairs we “provide for a broad construction when the issue is whether Indian rights are reserved or established, and for a narrow construction when Indian rights are to be abrogated or limited.” Felter, 752 F.2d at 1512; see also F. Cohen, Handbook of Federal Indian Law 224–25 (1982). In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. But we cannot also conclude that the Termination Act implicitly gave the Uintah Valley Shoshone Tribe authority to exercise Ute tribal rights with respect to hunting and fishing, when the Act plainly established those rights within the Ute Tribe.

Briefs here.

Most Claims against Federal Approvals of Keystone XL Allowed to Proceed

Here is the order in Rosebud Sioux Tribe v. Trump (D. Mont.):

92 DCT Order

Briefs here.

Update in Remanded “Bad Men” Case regarding Shooting of Indian Man

Here are the materials in Jones v. United States (Fed. Cl.):

137 Motion for Sanctions

139 Response

142 Reply

145 DCT Order

Prior posts here.

Split Ninth Circuit Panel Affirms Dismissal of Muckleshoot U&A Appeal

Here is the opinion in Muckleshoot Indian Tribe v. Tulalip Tribes, subproceeding 17-02 of United States v. Washington.

Briefs here.

Split Minnesota COA Rejects Treaty Rights Defense in Prosecution for Fishing on Gull Lake by Fond du Lac Member

Here is the unpublished opinion in State v. Northrup:

state-v-northrup.pdf

SCOTUS Grants Cert in McGirt v. Oklahoma [Creek Reservation Boundaries Criminal Appeal]

Here are the cert stage materials in McGirt v. Oklahoma:

mcgirt-cert-petition.pdf

appendix.pdf

oklahoma-brief-in-opposition.pdf

Friday’s order list here.

News coverage here and here.

Federal Court Enjoins Lummi Tribe’s Proposed Winter Crab Fishing

Here are the materials in United States v. Washington (W.D. Wash.), subproceeding no. 19-01:

1-motion-for-leave-to-file.pdf

3-request-for-determination.pdf

8-swinomish-motion-for-tro.pdf

13-upper-skagit-motion-for-tro.pdf

16-tulalip-motion-for-tro.pdf

26-sklallam-tribes-response.pdf

29-lummi-response.pdf

37-dct-order.pdf

OSHA Petition for Review of Decision re: Red Lake Nation Fisheries [Eighth Circuit]

Here is the petition:

OSHA Petition + ALJ Decision

Here are the briefs:

Opening Brief

Tribe’s Brief

NCAI Fund Amicus Br

Shakopee Amicus Br

Reply