National Indian Law Library Bulletin (87/2019)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/7/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Brakebill v. Jaeger  (Voting Rights) 
Bell v. City of Lacey  (Sovereign Immunity; Ex parte Young) 

U.S. Legislation – 116th Congress Bulletin 
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House: 

  • H.R.3977 – To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes. 
  • H.R.4029 – To amend the McKinney-Vento Homeless Assistance Act to enable Indian Tribes and tribally designated housing entities to apply for, receive, and administer grants and subgrants under the Continuum of Care Program of the Department of Housing and Urban Development. 

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

  • Tribes, cities, and children: Emerging voices in environmental litigation.
  • Unoccupied: How a single word affects Wyoming’s ability to regulate tribal hunting through federal treaty; Herrera v. Wyoming. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html 
This week, in brief:

  • ACLU to hire S.D.-based Native justice organizer following pipeline protest laws
  • Lakota tribal leaders request public hearing on Dakota Access Pipeline expansion
  • More 2020 presidential candidates line up for historic Native issues forum
  • Cronkite News: Tribes win ruling against copper mine on ancestral territory

Ninth Circuit Decides Agua Caliente Tribe of Cupeno Indians v. Sweeney (formerly Black)

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

National Tribal Broadband Summit

Monica Williamson

Finding Solutions To Expand Opportunity, Access, and Connectivity to Indian Country.

On September 23 – 24, 2019 the Department of the Interior, Department of Education, and Institute for Museum and Library Sciences will host Tribes, private industry, federal programs, and other stakeholders in a two-day National Tribal Broadband Summit in Washington, D.C. 

Job Announcements Announcement

Kate Fort

Good afternoon!

We are very pleased that so many people have found our Friday legal job announcements to be useful. We are always happy to hear from people who have found jobs from the postings.

Just as a gentle reminder, all requests to post jobs must follow the format identified here:

https://turtletalk.blog/indian-law-job-announcements/

and sent here: indigenous@law.msu.edu

If it doesn’t, we cannot guarantee your announcement will make into a Friday post. We have very limited staff at the ILPC and Turtle Talk, and as we ramp up for our students to return and plan our awesome conference, we appreciate your kindness and patience. We receive between 25-35 announcements weekly, and there will be (the rare) week when we may not be able to get the Friday post done due to other obligations. There is also the possibility we will simply miss something. In addition, we don’t go back and pull down old job posts when they expire–we simply don’t have the capacity for that.

We appreciate your help in making the Turtle Talk Friday job posting service possible for all the lawyers out there looking for Indian Country jobs!

Thanks,

Kate Fort

California Indian Legal Services Now Hiring a Staff Attorney!

Neoshia Roemer

Staff Attorney, Escondido, C.A. Supervised by the Directing Attorney, the Staff Attorney will work collaboratively with other staff to provide exceptional legal services in all areas of Federal Indian law. Our fast-paced office provides legal services on issues of jurisdiction, tax, estate planning, trust assets, environmental law, natural resource development, tribal governance, employment and the Indian Child Welfare Act (ICWA).  Please visit California Indian Legal Services’ website here.

Please check back tomorrow for our Special (Thursday) Edition of Friday Job Announcements!

Update in San Pasqual Band Membership Suits

Matthew L.M. Fletcher

Here are the materials in Alegre v. United States (S.D. Cal.):

44 second Amended Complaint

46-1 US Motion to Dismiss

48 Response

49 Reply

50-1 Individual Defendants MTD

53 Response

59 DCT Order Dismissing SAC

62 Third Amended Complaint

68-1 US Motion to Dismiss

79 Response

83 Individual Defendants Reply

85 US Reply

98 DCT Order Dismissing Third Amended Complaint

ABA SEER webinar on Researching Federal Indian Law and Tribal Law

Monica Williamson

ABA’s Native American Resources Committee is sponsoring a webinar on Researching Federal Indian Law and Tribal Law. More information is available here.

Federal Court Dismisses Employee Matter at Samuel Simmonds Memorial Hospital

Matthew L.M. Fletcher

Here are the materials in Matyascik v. Arctic Slope Native Ass’n (D. Alaska):

1 Notice of Removal

1-1 State Court Complaint

9 Motion to Dismiss

17 Response

20 Reply

22 DCT Order

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Matthew L.M. Fletcher

Here.

Excerpt:

A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil and gas companies in MHA tribal court. Those companies operate oil wells on lands within the Fort Berthold Indian Reservation that have been allotted to individual tribe members but are held in trust by the federal government. The tribe members alleged the companies owed royalties from wastefully-flared gas. Some of these companies unsuccessfully contested the tribal court’s jurisdiction over them in tribal court. Then they initiated this action in federal court to enjoin the tribal court plaintiffs and tribal court judicial officials. The district court issued a preliminary injunction, and the tribal court plaintiffs and officials separately appealed. We affirm the injunction because we conclude suits over oil and gas leases on allotted trust lands are governed by federal law, not tribal law, and the tribal court lacks jurisdiction over the nonmember oil and gas companies.

Briefs here.