Here are the materials in Halcon Operating Co. Inc. v. Rez Rock N Water LLC (D.N.D.):
Federal Dismisses Amended Complaint in Caddo Nation Sacred Sites Suit against Wichita & Affiliated Tribes
Here are the materials in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (W.D. Okla.):
Judge Kavanaugh’s Indian Law Record [Updated]
The judge nominated to replace Justice Kennedy, Brett Kavanaugh, is a D.C. Circuit judge, originally nominated by President Bush in 2006. He has written one opinion in an Indian law case, Vann v. Dept. of Interior (vann v doi), plus one other opinion in which an Indian tribe was the plaintiff that was not really an Indian law case but instead an administrative law matter, Hoopa Valley Tribe v. FERC (hoopa v ferc). He also wrote a short concurring and dissenting opinion in a matter involving the USA Pact Act, Gordon v. Holder (gordon v holder). In none of these cases did he write in support of tribal interests, though none of these opinions betrays any general anti-tribal leanings, either.
Vann was a suit in the long-running Cherokee Freedmen dispute; Judge Kavanaugh wrote an opinion affirming the dismissal of the Vann plaintiff’s suit against the Cherokee Nation, but allowed the suit to proceed against the Principal Chief of the Cherokee Nation in his official capacity.
Hoopa involved the tribe’s challenge to the licensing of the Klamath River Dam. The permanent license had expired and was being operated pursuant to annual licenses. The tribe argued the annual licenses were detrimental to the fish in the Klamath River and asked for conditions to be imposed on the dam operator to protect the fish. The court rejected those claims.
Gordon involved the interlocutory appeal by the federal government of an injunction against the enforcement of the USA Pact Act, a federal law that effectively gutted the intertribal trade in cigarettes. For about a minute and a half, everyone was excited. Judge Kavanaugh would have dissolved the injunction on the grounds that the plaintiff’s constitutional challenge to the Act had no basis. He was right, and eventually the D.C. Circuit dismissed remaining challenges to the constitutionality of the Act a few years later.
Judge Kavanaugh’s remaining cases involve issues in which he participated but did not write. Amador County v. DOI (amador county v doi 2014) was about the denial of permissive intervention in a lawsuit. CETAC v. Kempthorne (cetac v kempthorne) affirmed the authority of Interior to acquire land in trust for a Michigan tribe recognized in the late 1990s; it’s a pre-Carcieri case. Felter v. Kempthorne (felter v kempthorne) involved the dismissal of trust breach claims by mixed-blood Utes. Navajo Nation v. DOI (navajo nation v doi) involved the dismissal of funding claims under the ISDEAA for failure to meet the statute of limitations; Judge Kavanaugh concurred and write a short opinion suggesting that the statute might be equitable tolled because of a government shutdown, but not here. And finally, Timisha Tribe v. Salazar (timbisha v salazar) involved the dismissal of claims brought by a faction of that tribe seeking individual distributions of Indian Claims Commission judgments.
UPDATE: Judge Kavanaugh participated in at least one Indian law matter, as counsel of record filing an amicus brief for a conservative, anti-minority rights coalition of amici in Rice v. Cayetano: rice v cayetano amicus brief
UPDATED UPDATE: News coverage on Sen. Hirono’s release of other Native Hawaiian related docs.
Additional Update: Are Hawaiians Indians? The Justice Department Thinks So [Wall Street Journal op ed]
Tenth Circuit Briefs in Navajo Nation v. San Juan County
NYTs: “Land-Trust Case Raises Red Flags Across Indian Country”
Here.
The Daily Beast: “How Washington Wound Up Screwing Over Native Americans”
Here.
Profiling Colin G. Calloway’s new book, “The Indian World of George Washington: The First President, the First Americans, and the Birth of the Nation.“
FCC: “FCC stands by decision to raise broadband prices on American Indians”
Here.
Friday Job Announcements
Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an Indian law or leadership job, please send a PDF job announcement and a brief description of job to indigenous@law.msu.edu.
Lac Vieux Desert Band of Lake Superior Chippewa Indians
General Counsel, Watersmeet, M.I. Under the direction of the Tribal Council to the Lac Vieux Desert Band of Lake Superior Chippewa Indians (“LVD” or “Tribe”), the General Counsel provides legal services and representation to the Tribe, its agencies, and its enterprises in all areas of law. Frequent travel is required. Please apply online at www.northernwaterscasino.com
and submit resume to hr@lvdcasino.com. Please see the job announcement for more information.
Prosecuting Attorney, Watersmeet, M.I. Under the administrative supervision of the Tribal Council of the Lac Vieux Desert Band of Lake Superior Chippewa Indians (“LVD” or “Tribe”), the Prosecuting Attorney provides criminal and civil law enforcement services to the LVD community, presents child protection matters in LVD Tribal Court. The Prosecuting Attorney will perform the duties and responsibilities of the position in a manner that is consistent with applicable ethical standards and assuring that justice is upheld according to the laws of the Tribe. Occasional travel within and outside Michigan will be required. Please apply online at www.northernwaterscasino.com
and submit resume to hr@lvdcasino.com. Please see the job announcement for more information.
Snoqualmie Tribe
Staff Attorney, Snoqualmie, W.A. The Tribe seeks to add a third, full-time, salaried attorney to its in-house Legal Department, which currently consists of two attorneys and a paralegal. Our ideal candidate for this position would be an attorney experienced in representing tribes in the areas of real estate law, environmental law, and/or health law, although other areas of expertise may be considered as well. Please see the website for more information.
Prosecutor, Snoqualmie, W.A. The Tribe also seeks proposals from individual attorneys and law firms interested in serving as the Tribe’s Prosecutor on a part-time, contractual basis, for a 3-year term. The Prosecutor will handle criminal cases, Indian Child Welfare cases, and certain other civil matters in the Snoqualmie Tribal Court. Please see the job announcement for more information.
Yavapai-Apache Nation
Chief Judge, Camp Verde, A.Z. The Yavapai-Apache Nation is seeking applicants for Chief Judge to preside over hearings in the Yavapai-Apache Tribal Court. Applications close on July 27, 2018. Please see the announcement for more information.
Cowlitz Indian Tribe
Staff Attorney, Longview, W.A. The Staff Attorney will work in the Cowlitz Legal Department and is responsible for preparing and analyzing contracts, legal documents, Tribal Constitution, Codes, and Ordinances. The Staff Attorney will be the Prosecutor for Cowlitz Tribal Court in criminal and civil actions for Tribal issues on the Cowlitz Indian Reservation areas including trust and non-trust Tribal lands and as a presenting officer in Tribal Court and State Court. The Staff Attorney will also Assist the General Counsel with issues and activities concerning Tribal legal rights, obligations, and privileges. The Staff Attorney report directly to the Tribe’s General Counsel.
National Indian Child Welfare Association
Deputy Director, Portland, O.R. The deputy director of the National Indian Child Welfare Association (NICWA) has overall responsibility for the management and control of all aspects of the operations department. Reporting to the executive director, the deputy director builds and maintains organizational infrastructure to support NICWA’s work and is charged with day-to-day management of finance, facilities, information technology, human resources, and events and training functions. S/he participates in the development and enforcement of organizational policies and procedures to maintain the positive health of the organization. Please see the announcement for more information.
Indian Resource Law Center
Assistant for Program and Administration, Washington, D.C. The Assistant for Program and Administration will coordinate communication with the Center’s main office in Helena, Montana, and will assist and support the Washington office director and attorneys in program work, including policy research and analysis, advocacy, organizing, and coalition building, and in office management, including calendaring, communications, database administration, fund raising, and event planning. Please see the announcement for more information.
The Hopi Tribe
Senior Associate Trial Judge, Kykotsmovi, A.Z. The Hopi Tribe is seeking a Senior Associate Trial Judge to preside over tribal court hearings and conduct other duties. Please see the job announcement for more information. Applications can be submitted to the Office of Human Resources, faxed to (928) 734-6611, or e-mailed to HumanResources@hopi.nsn.us. Applications may also be mailed to: The Hopi Tribe, Human Resources, PO Box 123, Kykotsmovi, Arizona 86039.
Deputy Executive Director, Kykotsmovi, A.Z. The Hopi Tribe is seeking a Deputy Executive Director to assist the Executive Director in Tribal Administration. Please see the job announcement for more information. Applications can be submitted to the Office of Human Resources, faxed to (928) 734-6611, or e-mailed to HumanResources@hopi.nsn.us. Applications may also be mailed to: The Hopi Tribe, Human Resources, PO Box 123, Kykotsmovi, Arizona 86039.
ACLU of Montana
Communications Director, Missoula, M.T. The American Civil Liberties Union (ACLU) of Montana seeks a Communications Director to lead its Communications Department. This is an opportunity for a visionary professional to build on the success of the premier civil liberties and civil rights organization in Montana. Application review will start July 12, 2018. Please see the website for more information.
Last week’s postings: June 29, 2018.
High Country News: “Why Justice Anthony Kennedy wasn’t good for Indian Country The retiring Supreme Court justice leaves a legacy of anti-tribal votes.”
Here.
National Indian Law Library Bulletin (7/6/2018)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 7/6/18.
Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html
- The potential effects of Strugeon v. Frost on Alaska Native corporations.
- Federal Indian Law — First Circuit Court of Appeals clarifies Penobsoct Nation’s reservation boundary — Penobscot Nation v. Mills, 861 F.3D 324 (1st Cir. 2017).
- “Ask me no questions”: The struggle for disclosure of cultural and genetic resource utilization in design.
- Presidential authority to revoke or reduce national monument designations.
Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Ho-Chunk, Inc. v. Sessions (Contraband Cigarettes Trafficking Act; Tribal Corporations)
State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State v. Nobles (Criminal Jurisdiction)
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about a current land-trust case.
Turtle Talk 
You must be logged in to post a comment.