Turtle Talk

National Indian Law Library Bulletin (12/20/2018)

December 21, 2018December 20, 2018Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 12/20/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Read the latest Tribal Supreme Court Project update published on 12/12/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html
Human rights, Indigenous peoples, and the global climate crisis.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Comanche Nation of Oklahoma v. Zinke (Land into Trust)
Alexander v. Nolan (Arrest – Reasonable Force)
Cayuga Indian Nation of New York v. Seneca County, New York (Ad Valorem Property Taxes)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
Interest of A.M. (Indian Child Welfare Act – Termination of Parental Rights)
Matter of Guardianship I.L.J.E. (Indian Child Welfare Act – Guardianship)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Gallaher v. Colville Confederated Tribes (Right to Counsel)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about the Indigenous Food and Agriculture Initiative’s launch of their model tribal food and agriculture code.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following were added:

S.Res.707: A resolution commemorating the 40th Anniversary of the Indian Child Welfare Act of 1978.
H.R.5317: To repeal section 2141 of the Revised Statutes to remove the prohibition on certain alcohol manufacturing on Indian lands.
H.R.1074: To repeal the Act entitled “An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation.”
S.3752: A bill to require the transfer of certain land to be held in trust for the benefit of the Standing Rock Sioux Tribe of North and South Dakota, and for other purposes.
S.3755: A bill to establish a demonstration program regarding background checks for certain employees of the Bureau of Indian Affairs.

Menominee Tribe Challenge to Back 40 Mine Dismissed

December 20, 2018Matthew L.M. Fletcher

Here are the materials in Menominee Indian Tribe v. EPA (E.D. Wis.):

1 Complaint

7 EPA Motion to Dismiss

14 Aquila Motion to Intervene

21 Aquila Motion to Dismiss

21 Combined Response

22 Aquila Reply

23 EPA Reply

31 EPA Supplemental Brief

32 Aquila Supplemental Brief

33 Tribe Supplemental Brie f

35 Tribe Motion to Amend Complaint

38 Aquila Opposition to Motion to Amend

39 EPA Opposition to Motion to Amend

40 Reply in Support of Motion to Amend

42 DCT Order

More materials on the mine here and here.

HCI Distribution Suit against Nebraska AG Survives Motion to Dismiss

December 20, 2018December 20, 2018Matthew L.M. Fletcher

Here are the materials in HCI Distribution Inc. v. Peterson (D. Neb.):

1 Complaint

16 US Motion to Stay

18 HCI Opposition to 16

26 DCT Order Denying Motion to Stay

28 State Motion to Dismiss

29 HCI Opposition to 28

32 Reply in Support of 28

35 DCT Order

ILPC Graduate Accepts Judicial Clerkship

December 20, 2018Monica Williamson

Congratulations to Lydia Locklear (Lumbee), a 2017 graduate of Michigan State University College of Law and recipient of the Indigenous Law Certificate. Lydia recently accepted a judicial clerkship position with the Honorable Anita Earls. Justice Earls was elected to the North Carolina Supreme Court and has an extensive background in civil rights and social justice work. Congratulations Lydia!

Dobson Cooper Scholarship - Lydia Locklear - 2

Photo: Lydia Locklear, ’17

ILPC alumni, please connect with us (indigenous@law.msu.edu) and share your important news! We would love to hear from you.

United States Civil Rights Commission Issues Report on Indian Affairs: “BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans”

December 20, 2018Matthew L.M. Fletcher

Here.

Washington State Bar Magazine Focuses Issue on Northwest Intertribal Court System and Indian Law

December 20, 2018December 20, 2018Matthew L.M. Fletcher

Here is the December 2018 issue of NW Lawyer.

ICWA Termination of Parental Rights Case out of Texas Court of Appeals

December 19, 2018Kate Fort

Opinion here.

On October 4, 2018, a federal district court in the Northern District of Texas issued an order declaring that portions of the Indian Child Welfare Act, including its placement preferences, are unconstitutional for several reasons, including that it violates equal protection and improperly requires state agencies to apply federal standards to state claims. See Brackeen v. Zinke, Civil Action No. 4:17-cv-00868-O, — F.Supp.3d —, 2018 WL 4927908 (N.D. Tex., October 4, 2018). In the Brackeen case, foster and adoptive parents, and the states of Texas, Louisiana, and Indiana filed suit against the United States, United States Department of the Interior and its Secretary, Bureau of Indian Affairs (BIA) and its Director, BIA Principal Assistant Secretary for Indian Affairs, and the Department of Health and Human Services (HHS) and its Secretary seeking a declaration that Indian Child Welfare Act (ICWA) was unconstitutional. Id. The Department contends that the United District Court’s order renders J.R.M.’s complaints moot, but the order does not indicate that the plaintiffs challenged the specific ICWA provisions at issue in this case. Further, the Brackeen case may be appealed and ICWA has previously been upheld by the United – 5 – States Supreme Court. See Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989). Therefore, we will address the merits of the issues raised on appeal.