Prisoner Suit against Pokagon Tribal Police in their Individual Capacities Allowed to Proceed

Here are the materials in Hartsell v. Shaarf (N.D. Ind.):

20 Amended Complaint

34 Motion to Dismiss

35 DCT Order

Prior post here.

Registration Open for NAICJA Annual Conference

Click here to register for the upcoming Tribal Judicial and Court Personnel Conference, hosted October 19-21, 2021 by the National American Indian Court Judges Association (NAICJA).

Scholarships are available on a first come, first serve basis for eligible applications.

Federal Court Dismisses Kickapoo Member’s Challenge to Federally Approved Wind Energy Project

Here are the materials in Mattwaoshshe v. United States (D.D.C.):

1 Complaint

36-1 US Motion to Dismiss

38-1 Soldier Creek Wind Motion to Dismiss

39-1 Nextera Energy Motion to Dismiss

40-1 Westar Energy Motion to Dismiss

44 Opposition

48 Soldier Creek Opposition

49 Nextera Reply

50 Westar Reply

51 US Reply

60 DCT Order

Not that it would matter much in this issue, but I can’t help but point out of the more anomalously interpreted Indian law statutes of all time is briefly discussed in this opinion. Here is the law, 25 U.S.C. sec. 175:

In all States and Territories where there are reservations or allotted Indians the United States attorney shall represent them in all suits at law and in equity.

Seems pretty clear, eh? No chance. 🙂 Yet another example of the word “shall” being interpreted as the exact opposite of its meaning. . . .

News Coverage of Indian Law Issues (8/17/21) [More McGirt today]

Reuters: “Paul, Weiss inked $700K contract with Oklahoma to undo tribal rights ruling

Forbes: “Native Tribes And State Tax And Regulatory Authority: The Waters Remain Murky”

AZ Central: “Indigenous people find legal, cultural barriers to protect sacred spaces off tribal lands”

Axios: “Native American population jumps to largest size in modern history

Texas Observer: “Texas Draws Criticism With Plan to Lure Tourists to Sites Where Indigenous People Were Banished”

18th Annual Indigenous Law Conference Will Be Virtual

We’ve chosen to go virtual again this year! There will be no in-person option for the 2021 Indigenous Law Conference. Register to join us on Zoom for two days of CLEs, a virtual reception, and of course, conference swag mailed right to you! Find up to date information at www.indigenouslawconference.com, including the tentative agenda. If you’d like to be a sponsor, click here to learn more.

Season 2 of This Land Podcast Debuts August 23

Here

This season is all about the Indian Child Welfare Act and the federal attacks on it.

ALM – as referred to in court documents – is a Navajo and Cherokee toddler. When he was a baby, a white couple from the suburbs of Dallas wanted to adopt him, but a federal law said they couldn’t. So they sued. Today, the lawsuit doesn’t just impact the future of one child, or even the future of one law. It threatens the entire legal structure defending Native American rights. 

In season 2 of This Land, host Rebecca Nagle investigates how the far right is using Native children to quietly dismantle American Indian tribes. 

Tune in beginning August 23rd.

News Coverage of Indian Law Issues [McGirt, etc.]

NYTs: “Tribes’ Victory in Oklahoma at Risk in Bold Request to the Supreme Court

The Conversation: “The disturbing history of how conservatorships were used to exploit, swindle Native Americans”

CapTimes: “Q&A: UW Law student Michael Williams aims to help tribes with pursuit of law

New Republic: “Oklahoma Wants a Supreme Court Do-Over on Tribal Sovereignty

E&E News Greenwire: “How a big Alaska fishing case hooked a solicitor nominee”

Federal Court Dismisses Challenge to Wind Energy Project under Rule 19, Tribal Immunity

Here are materials so far in Backcountry Against Dumps v. Bureau of Indian Affairs (S.D. Cal.):

75-1 Tribe Motion to Dismiss

84 Opposition

87 Reply

93 DCT Order

Prior post here.

Manoomin v. Minnesota DNR Tribal Court Complaint re: Line 3

Here is the complaint in Manoomin v. Minnesota Dept. of Natural Resources (White Earth Tribal Court):

manoomin-et-al-v-dnr-complaint-w-exhibits-8-4-21

Mary Annette Pember’s coverage on the suit is here.