California Tribe Sues DOJ over Pact Act Enforcement

Here is the complaint in Twenty-Nine Palms Band of Mission Indians v. Garland (C.D. Cal.):

Spokane County Bar Association Indian Bar Section Meeting — March 15, 2024

PDF here:

Pat Sekaquaptewa and Grace Carson on Circle Sentencing in Alaska

Pat Sekaquaptewa and Grace Carson have published “You May Think You Know What Is Going on with Circle Peacemaking, but Alaska Natives have Other Ideas” in the ABA Dispute Resolution Magazine.

Save the Date for the Washington State Bar 37th Annual Indian Law Conference

Registration will open up the second week of March

WSBA ILS Save the Date

MSU Law Clinic CLE on Tribal Claims and Federal Jurisdiction, March 4

Please join us in person or remotely for a free CLE on the Tucker Act and tribal claims:

Register here

Attendees will delve into the complexities of tribal claims and fiduciary duties, while examining the historical context and legal frameworks that underpin these disputes.

Kathryn Fort, Clinic Director, will provide introduction and welcome. This panel of participants will include Judge David A. Tapp of the United States Court of Federal Claims; Dondrae Maiden, Director of the Indian Trust Litigation Office, Department of Interior; Frank Singer, senior litigation counsel with the Environment and Natural Resources Division of the U.S. Department of Justice, representing the Defendant’s perspective; and Thomas Peckham of Nordhaus Law Firm, LLC representing the Tribal Plaintiffs’ perspective.

Washington Federal Court Rejects Cultural Resources Damages Claim under CERCLA

Here are new materials in Pakootas v. Teck Caminco (E.D. Wash.):

New Mexico COA Holds Tribal Police Not Governed by State Human Rights Law

Here is the opinion in South v. Lujan:

Harvard Law School Conference on Indigenous Peoples, Traditional Knowledge, and Intellectual Property in International Law, Feb. 16

No Casino in Plymouth v. NIGC Cert Petition

Here:

Questions presented:

  1. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
  2. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
  3. Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?

Lower court materials here.

West Flagler v. Haaland Cert Petition

Here:

Questions presented:

1. Whether IGRA authorizes the approval of a compact that purports to allow for an online sports gambling monopoly throughout the state and off Indian lands.

2. Whether an IGRA compact violates the Unlawful Internet Gambling Enforcement Act if it provides for internet sports betting that is unlawful where many of the bets are placed.

3. Whether the Secretary’s approval of a tribalstate compact violates equal protection principles where it provides a specific tribe with a monopoly on online sports gaming off tribal lands, while state law makes that conduct a felony for everyone else.

Lower court materials here.