Tag Archives: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

Federal Court Affirms Constitutionality of Gun Lake Trust Land Reaffirmation Act

Here is the decision in Patchak v. Jewell (D. D.C.): Patchak v Jewell – Gun Lake Tribe (Judge Leon Opinion) Briefs: 78 Gun Lake Tribe Motion for Summary J 80-1 Patchak Motion for Summary J 85 US Opposition 86 Gun … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Michigan Indian, Research | Tagged , , , | 1 Comment

Gun Lake Trust Land Reaffirmation Act Signed

Here are materials from the tribe: PR New Federal Law Ends Patchak Lawsuit 9.29.14 Bills+Release+9.26.14 GL Trust Land Reaffirmation Act

Posted in Author: Matthew L.M. Fletcher, Congress, fee to trust, Legislation, Michigan Indian, News, Research, Supreme Court | Tagged , | 3 Comments

New Student Scholarship on the Patchak Decision

Anna O’Brien has published Misadventures in Indian Law: The Supreme Court’s Patchak Decision in the University of Colorado Law Review Here is the abstract: Ever since European colonization of the Americas began in the fifteenth century, there has been friction … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged ,

New Scholarship on Carcieri, Patchak, and the HEARTH Act Regulations

Noah Nehemiah Gillespie has published “Preserving Trust: Overruling Carcieri and Patchak While Respecting the Takings Clause” (PDF) in the George Washington Law Review. Here is the abstract: The potential benefit of new Bureau of Indian Affairs (“BIA”) regulations for development … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Legislation, Regulations, Scholarship, Supreme Court | Tagged , , , , , , | 1 Comment

The Patchak Patch

See Press Release here. Excerpt: Today, Assistant Secretary-Indian Affairs Kevin K. Washburn issued for public comment a proposed rule designed to demonstrate the Administration’s commitment to restoring tribal homelands and furthering economic development on Indian reservations. The proposed rule will … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Michigan Indian, News | Tagged , ,

Sen. Feinstein Letter re: Concerns about Interior’s New Policy on Trust Land Acquisition during Litigation

Here: Sen. Feinstein Letter

Posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court | Tagged , , , | 1 Comment

Senate Committee Hearing on Carcieri & Patchak — Prepared Testimony

Here: Panel #  1 Mr. Donald ”Del” Laverdure Acting Assistant Secretary Indian Affairs, U.S. Department of the Interior, Washington, DC Testimony Panel #  2 The Honorable Jefferson Keel President National Congress of the American Indians, Washington, DC   Mr. John E. Echohawk … Continue reading

Posted in Author: Matthew L.M. Fletcher, Legislation, Research | Tagged , , | 1 Comment

Is Prudential Standing Jurisdictional?

The D. C. Circuit says yes. Last week’s article (on the blog Circuit Splits) is here. The article analyzes how the  D.C. Circuit decision Grocery Manufacturers Association v. E.P.A. creates a circuit split as to whether prudential standing is jurisdictional. The … Continue reading

Posted in Author: Adrea Korthase, Research | Tagged , , ,

Ironies of the Patchak Decision

Here are some interesting ironies of the reasoning and outcome in Patchak. First, the prudential standing of David Patchak to sue the federal government to protect the rural character of his community (and related objections) — under Michigan law (I … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, fee to trust, gaming, Michigan Indian, Research, Supreme Court | Tagged , , , , , , , | 2 Comments

IPR on the Patchak Decision

Here. Audio here. An excerpt: By Bob Allen A decision this week by the U.S. Supreme Court is seen as a setback for Indian tribes. The case involves the Gun Lake Tribe and its casino near Grand Rapids. A neighbor … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, gaming, Michigan Indian, News, Supreme Court | Tagged , , , , ,