SCOTUSBlog (Ronald Mann) Preview of Patchak v. Zinke

Here.

An excerpt, and a little horn tooting:

The most telling argument for the government is the recitation (in an amicus brief filed by a group of law professors) of the dozens of statutes Congress has adopted through the centuries resolving Indian land disputes and dealing high-handedly with Indian lands. It is notable that Bank Markazi emphasized Congress’ supreme authority over foreign affairs in its rejection of the Klein claim in that case. Congress’ plenary authority to regulate and protect Indian tribes leaves room for a similar resolution of this case without explicitly rejecting the Klein rule. Bank Markazi of course said nothing about Congress’s power over Indian affairs, so that result wouldn’t really follow from Bank Markazi. It would, though, afford the justices a way to decide the case narrowly, which seems to have been their goal in these cases. The key thing to watch for in the argument will be any sense that any of the members of the Bank Markazi majority show a willingness to treat this case differently than they did that one.

You can read that amicus brief here, along with the rest of the briefs

Yakama Nation Sues Klickikat County over Jurisdiction

Here is the complaint and press release in Confederated Tribes and Bands of the Yakama Nation v. Klickikat County (E.D. Wash.):

1 Complaint

Yakama Nation Press Release (11.6.17)

MSU/ILPC Alums Whitney Gravelle & Bryan Newland Sworn in as Bay Mills Chief Judge and Chairman

AB8D3DF3-CA49-4474-ACC9-4259FC3AE37B

Yukon First Nations’ Suit over Peel Watershed Reaches Canada Supreme Court

Here. Previous coverage is here.

Makah & State request rehearing & rehearing en banc in dispute regarding Quileute’s and Quinault’s ocean U&A

Makah’s petition is here, and the state’s is here. Among the issues at stake in the case are whether the Stevens treaties must be interpreted monolithically and whether the evidence of whaling and sealing is sufficient to establish fishing usual & accustomed areas.

Save the Date: NAICJA’s American Indian Justice Conference Dec. 7-8 in Palm Springs

American Indian Justice Conference
December 7-8
Renaissance Palm Springs
Palm Springs, CA

Registration Information
TBA. No cost for registration, but participants must cover the
costs of travel, lodging, and per diem/food.

For more information about
the AIJC contact:
Ansley Sherman, ansley@naicja.org or 303-449-4112
http://www.naicja.org

The National American Indian Court Judges Association (NAICJA) and its collaborative
partners will host the American Indian Justice Conference (AIJC) on the Agua Caliente
Reservation in Southern California on December 7-8, 2017.

The goal of the AIJC is to provide training to enhance your tribal community’s response to
combat alcohol and drug abuse, recognize how trauma impacts drug and alcohol abuse in
tribal communities, and identify current trends and best practices for tribal justice systems to strengthen multi-disciplinary approaches to healing and justice. The five multi-disciplinary tracks include alcohol and substance abuse, tribal justice strategic planning, tribal courts, tribal security and probation, and tribal youth.

CTAS Purpose Area 1, 2, 3, 4, 5, 8, and 9 grantees may use grant funds to attend the
AIJC. Please confirm with your Program Manager that you have adequate travel and
training funds remaining in your award.

The conference is pending final approval by the Department of Justice. Do not make any non-refundable reservations until final approval from the DOJ has been confirmed.

Menominee Tribe’s Notice of Intent to Sue to Enforce CWA

Links: Press Release, 60 Day Legal Notice(PDF)

Excerpt:

The 60-Day Notice of Intent to Sue under the Clean Water Act outlines violations of federal agency duties under the Act that will affect water quality of the Menominee River and adjacent wetlands, and downstream to Green Bay, as a result of the Back Forty Mine Project.

TPM: “Report: Trump Told Tribal Leaders To ‘Just Do It’ And Ignore Drilling Laws”

Here.

RFP for Contractual Evaluator of FHTWC at GTB

Link: Request for Proposal(PDF)

Deadline for submission is 5:00PM Friday, November, 10, 2017.

Cert Stage Briefs in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians

Here:

Coachella Cert Petition

States Amicus Brief

Agua Caliente Cert Opp

US Cert Opp

Coachella Reply

Desert Water Agency Reply

Agua Caliente Supplemental Brief