Author Archives: Kate Fort

Injunctive Relief Granted in Indigenous Environmental Network v. U.S. Dept. of State [Keystone XL Pipeline]

Order. Previous posts/filings here. WaPo coverage here. Plaintiffs’ request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the … Continue reading

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The Indian Child Welfare Act at 40

On this date in 1978, President Carter signed the Indian Child Welfare Act into law. Senator Abourezk introduced the bill to the Senate on April 1, 1977, and the Senate voted on it on November 4, 1977. Interestingly, while Sen. … Continue reading

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Comments Needed for Pro Hac Vice Rule Change in Wisconsin (ICWA)

Rule here. Letter regarding the rule: 18-04-Ltr to Interested Persons. Comments due by November 29. Any comment to the rule petition should be filed by November 29, 2018, with the Clerk of Supreme Court, Attention: Deputy Clerk-Rules, P.O. Box 1688, Madison, … Continue reading

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Nebraska Supreme Court ICWA Decision: Active Efforts

In re Micah H. This case discusses how private parties (grandparents) can provide active efforts in a guardianship situation. This further develops this state case law in this area, most recently addressed in In re Micah H. (Neb. 2016), In … Continue reading

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Brookings Institute on the Separation of Families

Here My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with … Continue reading

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Provide Comments on WI Pro Hac Vice for ICWA Attorneys Pending Rule

Well, since I did the California post yesterday on this, multiple people from Wisconsin reminded me that we all need to submit supportive comments there. Many thanks to NL for spelling it out in an email so I can just … Continue reading

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Rapid City News Article on Pennington Co ICWA Procedures

Sometimes the results change a little even when a court decision goes the wrong way: County to Stick with Current ICWA Hearing Procedures

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Tribal Law and Policy Institute is Hiring!

Announcement here: Program Specialist Job Announcement_Tribal Law and Policy Institute Education and/or Experience: Required: Bachelor’s degree; experience or demonstrated expertise in tribal justice systems and/or problem-solving courts Preferred: Juris Doctorate, Master’s degree, or other applicable advanced degree Strongly preferred: Four (4) … Continue reading

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California Eliminates Pro Hac Vice Barriers for ICWA Cases

In a celebrate-the-victories post, the state with the most number of ICWA cases has removed major barriers for out of state ICWA attorneys. California notoriously had some of the highest pro hac fees and tightest limitations on the number of … Continue reading

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Spurr v. Pope Decision in WD Michigan [Tribal Court Jurisdiction to Issue PPO]

33_Opinion and Order Briefing here: 21 Motion for PI 22 Response 23 Reply 26 DCT Briefing Order 30 Motion to Dismiss 31 Response 32 Reply

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