News Coverage of Indian Law Matters (8/27/21)

NPR: “Native Tribes Face Funding Cuts Over The Treatment Of Descendants Of Former Slaves

The Takeaway: “The Colorado River is Facing a Water Shortage

U. Colo.: “New Law Extends In-State Tuition to Registered Members of American Indian Tribes with Historical Ties to Colorado

The Oklahoman: “Jimcy McGirt, whose Supreme Court case reshaped Oklahoma courts, sentenced to three life terms

Navajo Nation Sues to Conclude Navajo Relocation for 50,000 Members

Here is the complaint in Navajo Nation v. Office of Navajo and Hopi Indian Relocation (D. Ariz.):

Here is the complaint in a related suit, Navajo Nation v. United States (Fed. Cl.):

Federal Court Declines (again) to Apply Equitable Defenses re: Osage Mineral Council

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

219 Amended DCT Order

229 Motion for Reconsideration

234 Osage Wind Response

235 US Response

244 Reply to Osage Wind

245 Reply to US

264 DCT Order Denying Reconsideration

Prior post here.

Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.

Briefs:

US Opening Brief

Tribe Answer Brief

Reply

Lower court materials here.

Federal Court Decides Menominee v. Lexington Ins. Co.

Here are the materials in Menominee Indian Tribe v. Lexington Ins. Co. (N.D. Cal.):

1 Notice of Removal

1-2 Complaint

58 Amended Complaint

62 Lexington Motion to Dismiss

72 Opposition

77 Lexington Reply

109 DCT Order

Ninth Circuit Holds Environmental Claims re: Exploratory Drilling in Alaska are Moot

Here is the opinion in Native Village of Nuiqsut v. Bureau of Land Management.

Briefs here.

Lower court materials here.

D.C. Circuit Reverses Indirect Costs Judgment that Favored Cook Inlet Tribal Council

Here are the materials in Cook Inlet Tribal Council v. Dotomain:

D.C. Circuit opinion

Federal Brief

Tribe Brief

Reply

Lower court materials here.

Charles Wilkinson Profile [all 3 parts]

From Law Week (Colorado): “Charles Wilkinson, Beloved Longtime CU Law Professor, Marks 50 Years as Leading “Law of the West” Practitioner, Scholar and Teacher”

Part 1

Part 2

Part 3

BJA Tribal Leader Consultation Announcement

The Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice Invites Tribal Leaders to Consult on Strengthening Public Safety and Law Enforcement to Address Violent Crime in Tribal Communities and Native Villages

The goal of the Bureau of Justice Assistance (BJA) annual consultation with tribal leaders and tribal designees is to identify criminal justice policy issues and tribal priorities to support tribal justice strategies to achieve safer communities. The ultimate goals are to improve law enforcement and public safety in tribal communities and native villages; and support grant administration and criminal justice policy development to support local, state, and tribal law enforcement in achieving safer communities.

The BJA Tribal Consultation Program includes two sessions. They are:

Date: Wednesday, August 25, 2021

Time: 1:00 – 3:00 p.m. ET

The BJA will provide information on tribal justice funding and programs; and preview questions that will be posed during the upcoming Tribal Consultation Virtual Session on September 15th.   To register, click here.

Date: Wednesday, September 15, 2021

Time: 1:00 – 3:00 p.m. ET

During this session, BJA will hear from tribal leaders and stakeholders to help inform how BJA tribal assistance funds and programs can best support Tribal and Native communities.  Focus areas will include: comprehensive justice system planning; tribal justice facilities; court system enhancements; alcohol and substance abuse programs; civil and criminal legal assistance; alternatives to incarceration; addressing violent crime in Native communities; and other priorities.

By identifying and clarifying those priorities, the session will result in more efficient delivery of needed grant funding, and in turn enhanced safety and security in tribal communities and native villages.  This session will include a facilitated question-and-answer session for tribal leadership.  To register, click here.

Tribal Leaders are invited to both sessions. Other tribal stakeholders are also invited to participate including tribal justice practitioners, grantees, evaluators/researchers, statisticians, tribal organizations, nonprofit organizations working on tribal issues, and representatives of tribal, federal, state, and local governments working on public safety in tribal communities and native villages.

A framing paper has been developed to help guide tribes as they consider and provide their positions during the virtual session and is available online at the BJA Tribal Consultation webpage.

The Bureau of Justice Assistance (BJA), a component of the Department of Justice’s Office of Justice Programs supports tribal governments in addressing their public safety needs. In addition to providing grants to tribal governments to support public safety efforts, BJA provides training and technical assistance (TTA) to tribal governments and supports implementation of evidence- and research-based practices.

Indian Law News Coverage (8/23/2021)

Crosscut: “Lummi Nation reimagines foster care for Indigenous families”

This Land podcast, series 2

VOA: “US Lawmaker to Native American Tribes: Give Freedmen Citizenship or Lose Housing Funds”

The Guardian: “Why is the US right suddenly interested in Native American adoption law?”

Law Week (Colorado): “Charles Wilkinson, Beloved Longtime CU Law Professor, Marks 50 Years as Leading “Law of the West” Practitioner, Scholar and Teacher

The Oklahoman: “State files more petitions seeking high court reversal of McGirt”

NBC profile of Little Traverse Odawa boarding schools’ survivors