Burt Lake Band Prevails in Federal Recognition Procedural Dispute with Interior, Case Remanded

Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):

Briefs here.

Federal Court Holds Interior May Not Take Land into Trust for Gaming Purposes for Keetoowah

Here is the opinion in Cherokee Nation v. Bernhardt (N.D. Okla.):

Prior post here.

Former Indian Law Professor Falsely Claims China is Liable for COVID-19

More in the sorry tale of Gavin Clarkson (it is my understanding he is a licensed attorney, but after this and other missteps clients should probably beware):

In my earlier post I relied on a search in the New Mexico State Bar directory, but Gavin is licensed in Texas.

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

Here:

 

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

Tribes Prevail in Standing Rock Suit, Court Orders Army Corps Prepare EIS on Dakota Access Pipeline

Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):

2020-03-25-dkt-496-memorandum-opinion-re-495-order-on-motions-for-summary-judgment.-signed-by-judge-james-e.-boasberg-on-3252020.pdf

More details later.

Chairman Newland Op-Ed in WaPo on COVID

Here

The Trump administration and the Indian Health Service must also stop telling tribal leaders that test kits are “readily available” at our health centers. They aren’t. As of last Friday, my tribe had the ability to administer five tests. This is wholly inadequate. Other tribal leaders I’ve spoken to have even fewer. The federal government must make test kits as accessible to indigenous Americans as they are to National Basketball Association franchises, some of which have been able to test players and staff.

 

Our communal way of life can be dangerous in today’s circumstances — but keeping our distance from each other over time will become untenable. Indigenous Americans must not once again pay the price for the mistakes of others.

NAICJA Webinar on Tribal Courts and COVID

COVID-19 Webinar FINAL

You are invited to a Zoom webinar.

When: Mar 25, 2020 01:00 PM Mountain Time (US and Canada)

Topic: Administering Justice in Tribal Courts  During the COVID-19 Pandemic:  A Virtual Talking Circle

Register in advance for this webinar:

https://zoom.us/webinar/register/WN_c-fyUIRORkKfx9xZ8q6zHg

After registering, you will receive a confirmation email containing information about joining the webinar.

Vox Profile of COVID-19 in Indian Country

Here is “The coronavirus is exacerbating vulnerabilities Native communities already face.”

Child Welfare and the Courts, COVID-19 Edition

HERE.

I’m starting to get a lot of calls and emails about how child welfare cases are being handled during shut downs. As you might imagine, it’s going about as well as you might imagine (not well). I don’t have any answers, but I do have a lot of notices and orders from the states. It appears that the variance in practice between counties is going to be even larger than usual (the communication from California is confusing, but that’s the upshot). I’ve created a page where I posted documents I’ve received from the states about this issue. I’m also still in communication with people on how to handle the legal aftermath.

I will also try to remember to do a post whenever I add to the page.

Also, NAICJA is having a tribal court webinar TODAY about tribal court work

ETA: We’ve also been asked to host general tribal governance and tribal court documents, which will be on a different linked page.

Kirsten Carlson on COVID-19 and Indian Country

From the Conversation, here is “Tribal leaders face great need and don’t have enough resources to respond to the coronavirus pandemic.”