Here is the ACLU complaint filed with the Department of Education in January 2018.
Ninth Circuit Reverses Dismissal of Yurok Fishing Dispute with Resighini Rancheria Member
Here is the unpublished opinion in Yurok Tribe v. Resighini Rancheria.
Briefs here.
Ninth Circuit Affirms Dismissal of Challenge to Jamul Casino
Here is the unpublished opinion in Rosales v. Dutschke.
Briefs here.
National Indian Law Library Bulletin (12/11/2019)
Here:
We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/index.html
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was denied in this case on 12/9/19:
California Trout v. Hoopa Valley Tribe (Clean Water Act)
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Swiger v. Rosette (Sovereign Immunity)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Matter of Delaney (Attorney Discipline)
U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
- H.R.5280 – To establish the Native American Outreach Program of the Small Business Administration, and for other purposes.
- H.R.5319 – To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
- H.R.5323 – To amend the Older Americans Act of 1965 to expand supportive services for Native American aging programs, and for other purposes.
- H.Res.748 – Providing for consideration of the bill (H.R. 729) to amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
- The Katie John litigation: A continuing search for Alaska Native fishing rights after ANCSA.
- Fluid standing: Incorporating the Indigenous Rights of Nature concept into collaborative management of the Colorado River ecosystem.
- Still melting: How climate change and subsistence laws constrain Alaska Native Village adaptation.
- Tribal sovereign immunity overcomes bankruptcy code abrogation.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
- Navajo Nation and University of Arizona sign Memorandum of Agreement to create the Navajo Law Fellowship Program
- Inslee appoints Raquel Montoya-Lewis as first Native American to sit on Washington Supreme Court
- Senate bill could roll back tribal authority in domestic violence cases
- New Mexico delegation praises passage of legislation to safeguard Native languages
- Water-rights measure to include $1.9 billion for Montana tribes
- Federal recognition likely as Little Shell Chippewa Tribe bill moves forward
- Congress considers Lumbee recognition bill
- $100 million solar project slated for South Dakota reservation moves ahead
- Indigenous women and the power of Indigenous architecture at Yale
Pokagon Band Potawatomi Tribal Court Open House
Pathways to the Legal Profession: Identifying, Advising, and Supporting Native American Pre-Law Students
Pre-Law Advisor Training Conference
February 4-5, 2020
Isleta Resort and Casino, Pueblo of Isleta, New Mexico
The Pathways to the Legal Profession conference aims to increase the number of competitive Native law school applicants nationwide by providing mentors necessary skills and resources to identify, advise, and support the next generation of Indigenous attorneys.
The conference agenda addresses:
- The Need for Native Attorneys
- Preparing Students for Law School
- Native Student Perspectives
- Financial Aid Resources
- Application Process & Mock Review
- Resources & Best Practices for Advisors
Registration fee waivers and travel reimbursements are available for Tribal Education Department and Tribal College representatives.
Please note that this conference is designed for advisors. If you are interested in becoming a law student, you can apply to attend the Native American Pipeline to Law Initiative (2020 registration is not yet open).
You are welcome to contact Rodina Cave Parnall at 505-277-5462 with any questions.
AMERICAN INDIAN LAW CENTER, INC.
Website: ailc-inc.org
ASU Indian Legal Program Upcoming Events
Indian Law 101
Wednesday, January 29
9 a.m. – 4 p.m.
Ak-Chin Indian Community Conference Center, Room 544
Beus Center for Law and Society, Phoenix, AZ
Register at law.asu.edu/indianlaw101
Early Bird registration ends 12/20/19
One day conference as low as $200.
Wiring the Rez: Innovative Strategies for Business Development Via E-Commerce
6th Annual Tribal Government E-Commerce CLE
January 30, 8 a.m. – 5 p.m.
January 31, 8 a.m. – 3 p.m.
Wild Horse Pass Hotel & Casino, Chandler, AZ
Register at law.asu.edu/wiringtherez
Early Bird rate ends 1/3
CPUC Adopts New Tribal Land Transfer Policy
FOR IMMEDIATE RELEASE
PRESS RELEASE
Media Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov
SAN FRANCISCO, December 5, 2019 – The California Public Utilities Commission (CPUC) today adopted a new policy that prioritizes land transfers from investor-owned utilities to Native American Tribes with a historical interest in the land.
Today’s decision provides Native American Tribes an opportunity to regain lands stolen through bias and unfair means in the late 1800s/early 1900s. When a utility tries to dispose of any interest in land that it owns, this policy states a preference that the land go to the native tribe to which the land belongs. Therefore, when the proposed transfer comes before the CPUC for its approval under Section 851 of the Public Utilities Code, this policy establishes an expectation that a transfer to an interested tribe is in the public interest.
The new policy complies with the CPUC’s existing Tribal Consultation Policy, which was adopted in April 2018 and recognized the following goals:
- Recognition and respect for tribal sovereignty
- Encouragement and facilitation of tribal participation in CPUC proceedings
- Meaningful consideration to tribal interests in issues within the CPUC’s jurisdiction
- Protection of tribal cultural resources
“Through the adoption of today’s Tribal Land Transfer Policy, the CPUC recognizes the important tribal interest in return of stolen lands and gives voice to meaningful consideration and prioritization of this important tribal interest,” said Commissioner Martha Guzman Aceves.
Added Commissioner Clifford Rechtschaffen, “Under the policy, utilities will offer tribes a first right of refusal to purchase any real property it is selling within the tribe’s ancestral territory, restoring historical, spiritual, and other significant land to the tribes. This can be a model for other state agencies.”
This policy builds on existing statute and two executive orders: Governor Brown’s Executive Order B-10-11 and Governor Newsom’s Executive Order N-15-19. Last June, Governor Newsom issued Executive Order N-15-19 that recognized California’s history “fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities.” This policy, which the CPUC developed after comment from utilities and tribes, furthers the CPUC’s goals of recognizing and respecting native sovereignty, and of returning tribal lands to their rightful owners.
For more information on CPUC’s Tribal Consultation Policy, please visit www.cpuc.ca.gov/tribal.
The CPUC regulates services and utilities, safeguards the environment, and assures Californians’ access to safe and reliable utility infrastructure and services. For more information on the CPUC, please visit www.cpuc.ca.gov.
ICWA Local Counsel Information Collection Survey
Here.
The number one request we get at the ICWA Appellate Project is for local counsel for either the tribe or an individual (Grandma, 98% of the time). These cases happen all over the country, and finding attorneys in, say, Massachusetts or Tennessee or West Virginia, can be difficult. In 2014-2015, Addie Smith at NICWA and I did one of these surveys that really needs updating and expansion (we collected fewer than 100 names), so here it is. I will compile the lists together and delete any duplicates.
So if you are someone who can help, fill this out. If you are someone who has come up to me at a conference asking HOW to help, fill it out. If you are a tribe that has regularly identified local counsel, see if they will fill this out to help other tribes. If you’re at a big firm, see if some of your non-Indian law colleagues in the states without federally recognized tribes would be willing to fill it out. If you read this and think, “oh, Kate knows I would help,” fill it out anyway, because I have limited brainspace! If you have old friends from law school who now practice in random places like, say, northern Ohio, ask THEM to fill it out. If you work at a family law clinic and have never taken ICWA cases, here is your chance to teach your students something new–fill it out! And related, If you took my ICWA class at MSU Law, FILL IT OUT.
The information we are collecting isn’t confidential, but we will only distribute it as needed for those who ask.
Here.
Caveat: yes, tribal representatives are supposed to be able to participate in ICWA cases regardless of jurisdiction. However, that can be highly dependent on local judges, and if they are denied, we often need an attorney to explain why that’s wrong. In addition, whenever possible, tribes should be represented by attorneys in state courts, and especially when the case is not going well. And if there is an appeal–well, then we really need attorneys.
Thank you all very much.
Kansas SCT Disciplines Kansas Kickapoo Tribe’s Public Defender
Here is the order:
Turtle Talk 
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