Oglala Sioux Tribe

Salon: Hillary Clinton’s Legacy as Secretary of State Rests on Conclusion to Keystone Oil Pipeline

Matthew L.M. Fletcher2 Comments

Here.

Federal Court Dismisses FTCA Claim re: Oglala Tribal Jail

Matthew L.M. Fletcher

Here is the opinion and materials in Buxton v. United States (D. S.D.):

US Motion to Dismiss Buxton Complaint

Buxton Opposition

Buxton R&R

DCT Order Adopting Buxton R&R

ICT on the Keystone Oil Pipeline that May Cross Sioux Nation Territory

Matthew L.M. Fletcher

Here. Additional coverage of the lobbying efforts of TransCanada in the Washington Post today.

Keystone XL Pipeline Map

Eighth Circuit Affirms Oglala Member’s Involuntary Manslaughter Conviction

Matthew L.M. Fletcher

Here is the opinion in New v. United States:

New v USA CA8 Opinion

Oglala Sioux Leaders Consider Putting Public Safety Department under BIA Control

Adrea Korthase

From The Rapid City Journal:

Acknowledging widespread dissatisfaction with public-safety management on the  Pine Ridge Indian Reservation, the Oglala Sioux Tribe Judiciary Committee and  other tribal leaders met Thursday with Bureau of Indian Affairs personnel to  discuss changes that could put the OST Department of Public Safety under BIA  control once again. Continue reading →

Tenth Circuit Victory for Tribes in Self-Determination Act Contract Support Costs Case

Matthew L.M. Fletcher5 Comments

Here are the materials in Ramah Navajo Chapter v. Salazar:

Ramah Zuni Opinion

Tribal Opening Brief

NCAI Amicus Brief Ramah Zuni

Interior Answer Brief

Tribal Reply Brief

Alltel v. Dejordy: Subpoena of Gonzales Law Firm Records

Matthew L.M. Fletcher1 Comment

As reported on Indianz….

Here are some of the relevant materials in this issue:

ALLTEL – GONZALES FIRM BRIEF FILED IN COURT (4-13-11).7

ALLTELV.DEJORDY-OSTSOPPOSITONTOCONTEMT(4-13-11)

ALLTEL V. DEJORDY – ORDER ON ORDER TO SHOW CAUSE

Colo. Appellate Court Remands ICWA Domicile Case Back to Trial Court

Matthew L.M. Fletcher1 Comment

Here is the opinion in In re the Parental Responsibilities of S.M.J.C.

An excerpt:

In this allocation of parental rights proceeding, the Oglala Sioux Tribe (the Tribe), acting through the Oglala Nation Tiospaye Resource Advocacy Center (ONTRAC), appeals from the order denying its motion to dismiss the proceeding pursuant to 25 U.S.C. § 1911(a), or, in the alternative, transfer the proceeding to the Tribe’s tribal court pursuant to 25 U.S.C. § 1911(b). We conclude that the record does not support the trial court’s finding that the child had been abandoned, and thus, the record does not support the court’s determination that the child’s domicile was that of his caregiver rather than that of his custodial parent. Accordingly, we vacate the order and remand the case to the trial court for further proceedings.

South Dakota Supreme Court Decides ICWA Case — When Good Cause Exists to Deviate From Placement Preferences

Matthew L.M. Fletcher1 Comment

Here is the opinion in In re D.W.

The Court’s first holding:

The “clear and convincing” standard appears to be the better-reasoned approach.  It is consistent with both the congressional intent in adopting ICWA and this Court’s precedent.  Therefore, we conclude that deviations from the ICWA placement preferences require a showing of good cause by clear and convincing evidence.

And the second:

Aside from Girlfriend, neither DSS nor the Tribe located another viable placement option within the ICWA preferences.  DSS explored placement options for over three and a half years, during which time Child was without a permanent home environment.  The circuit court was within its discretion to determine that a diligent search had been performed and that a suitable ICWApreferred placement could not be found.  See BIA Guidelines, 44 Fed. Reg. 67584, ¶ F.3.  The court’s findings of fact support its conclusion that at least one of the factors indicating good cause to deviate from the ICWA placement preferences existed in this case.  Therefore, the circuit court did not abuse its discretion in finding by clear and convincing evidence that good cause existed to place Child outside the ICWA placement preferences.

Continue reading →

Federal Circuit Briefs in Grazing Permit Claim against U.S.

Matthew L.M. Fletcher

Here are the briefs in O’Bryan v. United States:

O’Bryan Opening Brief

US Brief in O’Bryan v US

Lower court materials are here.