Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):
Briefs here.
Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):
Briefs here.
Here is the opinion in Cherokee Nation v. Bernhardt (N.D. Okla.):
Prior post here.
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:
Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):
More details later.
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.
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.
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.
From the Conversation, here is “Tribal leaders face great need and don’t have enough resources to respond to the coronavirus pandemic.”
You must be logged in to post a comment.