Federal Court Suit to Enforce Arbitration Over Tribal Court Suit

Here are the materials so far in Halcón Operating Co. Inc. V. Rez Rock N Water LLC (D.N.D.):

1 Complaint

4 Motion for PI

Public Land & Resources Law Review’s Public Lands Law Conference on October 12-13

Bridging Divides: Energy, Environment, and Empowerment in a New Era
37th Biennial Public Lands Law Conference, October 12-13, 2017

The Alexander Blewett III School of Law at the University of Montana’s Public Land & Resources Law Review will be hosting its 37th Biennial Public Land Law Conference, Bridging Divides: Energy, Environment, and Empowerment in a New Era, in beautiful Missoula, Montana, October 12-13, 2017 at the law school.  The conference’s goal is to bring relevant and differing advocacy positions together within the current evolving political and legal climate in hopes of bridging divides and finding common vision to manage energy and environmental resources. Areas of focus will include balancing energy development with fish and wildlife needs, preserving indigenous interests in energy development, and addressing energy development within land use planning. Registration information can be found at http://scholarship.law.umt.edu/pllsymposium/.

On October 12, we will be taking a field trip, Old and New Legacies in the Upper Clark Fork Basin, to the Northwestern Energy Control Center in Butte, the microgrid tour in Deer Lodge, and Milltown State Park. Featured speakers will be at each site. Conference keynote speakers will be:

  • Daniel Jorjani: U.S. Department of Interior Principal Deputy Solicitor discussing Federal Lands: Current Policy Directions and Opportunities for Bridge Building. Room 201, Thursday at 5:00 PM.
  • Charles Wilkinson: Distinguished Professor University of Colorado School of Law discussing Collaborative Management of Public Lands and Natural Resources. Room 201, Friday at 12:00 PM.
  • Scott Slovic: Distinguished Professor University of Idaho discussing Language Matters: Environmental Controversy and the Quest for Common Ground. Room 201, Friday at 2:45 PM.

Conference panels will be discussing: Water, Wind, and WildlifeEnergy, Infrastructure, and Culture; and The Theory and Practice of Sustainable Development.

Special Master Appointment in Navajo Nation v. San Juan County

On September 29, 2017, the Court in Navajo Nation v. San Juan County issued an order appointing Dr. Bernard Grofman, University of California, Irvine, to serve as Special Master and oversee redistricting of the County’s School Board and Commission election districts (past and current districting plans were found to have violated the Equal Protection Clause in three previous decisions). The Court also ordered San Juan County to pay the costs associated with the Special Master process. The Court laid out a remedial redistricting process that will allow it to establish new remedial redistricting plans by December, 2017, in time for the 2018 election cycle.

Here:

Order Appointing Special Master

New Indian Law Scholarship

Kirsten Matoy Carlson, Tribes Lobbying Congress: Who Wins and Why – Draft Report Presented at the 13th Annual Indigenous Law Conference Michigan State University

Stephanie Phillips, Columbia River Tribal Housing: Federal Progress Addressing Long Unmet Obligations [Ecology Law Quarterly]

Robert T. AndersonProtecting Offshore Areas from Oil and Gas Leasing: Presidential Authority Under the Outer Continental Shelf Lands Act and the Antiquities Act [forthcoming Ecology Law Quarterly]

Jessica A. ShoemakerPipelines, Protest, and Property [forthcoming Great Plains Research]

Doug KielBleeding Out: Histories and Legacies of ‘Indian Blood’, in K Ratteree and N Hill, The Great Vanishing Act: Blood Quantum and the Future of Native Nations, 2017

Tereza M. Szegh, Indigenous Rights In The Trump Era

Laurel Jimenez, The Body Subject To The Laws: Louise Erdrich’s Metaphorical Incarnation Of Federal Indian Law In “The Round House”

 

 

 

National Indian Law Library Bulletin (9/28/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/28/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Window Rock Unified School District v. Reeves (Employment) on 9/25/17.
Petition was filed in  Tavares v. Whitehouse (Indian Civil Rights Act) on 9/21/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about the status of Indian housing and, in the Sovereign Immunity section, we feature some articles about a drug company transferring patents to a tribe.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Upper Skagit Indian Tribe v. Suquamish Indian Tribe (Fishing Rights – Usual and Accustomed Fishing Grounds)
Wyoming v. Zinke (Trust Lands – Hydraulic Fracturing)

U.S. Regulatory Bulletin  
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of Homeland Security, Federal Emergency Management declaration of an emergency for the Seminole Tribe of Florida.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1870: A bill to amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
H.R.3847: To revise the Yurok reservation, and for other purposes.
S.1855: A bill to permit the Miami Nation of Indiana to apply for acknowledgment as a federally recognized Indian tribe, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
Towards ethical stewardship: Balancing natural and historic cultural resources in national parks.

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Here are the materials in Toya v. Toledo (D.N.M.):

10 Amended Habeas Petition

13 Answer

16 Reply

18 Magistrate Report

19 DCT Order Adopting Magistrate Report

Prior post here.

Ninth Circuit Decides Sturgeon Hovercraft Matter on Remand from SCOTUS

Here is the opinion in Sturgeon v. Masica. An excerpt:

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that; the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on the rivers within conservation system units in Alaska.

Briefs:

Alaska Brief

Enviro Groups Brief

Federal Brief

Mentasta Traditional Village et al Brief

Sturgeon Brief

Kansas v. NIGC Cert Petition

Here:

Cert Petition

Question presented:

Whether NIGC legal opinions that determine whether Indian lands are eligible for gaming under IGRA are reviewable final agency actions.

Lower court materials here.

The Onion: “‘No Way To Prevent This,’ Says Only Nation Where This Regularly Happens”

Here.

And here.