Category Archives: Research

National Indian Law Library Bulletin (8/4/2017)

Little late on this one, I know…. Here: The National Indian Law Library added new content to the Indian Law Bulletins on 8/4/17. U.S. Federal Courts Bulletin http://www.narf.org/nill/bulletins/federal/2017.html Enerplus Resources Corporation v. Wilkinson (Jurisdiction – Settlement Agreements) Tribal Courts Bulletin … Continue reading

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Federal Court Holds US Govt. is “Owner” of Indian Trust Land under CERCLA for Liability Purposes

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.): 130 El Paso Supplemental Brief 133 US Supplemental Brief 135 DCT Order Prior post on this case here.

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , , | Leave a comment

IBIA Dismisses Second Nooksack IHS Reassumption Appeal

Here: 8-11-17 Nooksack v IHS (IBIA) Order Dismissing Appeal

Posted in Author: Matthew L.M. Fletcher, Research, tribal election, trust relationship | Tagged , , | Leave a comment

Huy Letter to US Dept. of State over Treatment of Native Prisoners

Here: 8-15-17 Huy Letter to CERD Re US State Department – Indigenous Prisoners Religious Rights 2017

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged | Leave a comment

Ninth Circuit Briefs in Frank’s Landing Indian Community v. National Indian Gaming Commission

Here: Opening Brief Other briefs TK Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, federal recognition, IGRA, Research | Tagged , , | Leave a comment

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.): 8 DCT Order

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , | Leave a comment

Osage Nation Supreme Court Decision in Separation of Powers Issue Redux

Here is the opinion in Standing Bear v. Pratt: SCO-2016-01 Standing Bear v Pratt Slip Opinion 8-11-17 Prior case here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal constitutions, tribal courts | Tagged , | Leave a comment

False Claims Act Against Afognak Native Corp. and Alutiiq LLC to Proceed

Here are the materials in United States ex rel. Ferris v. Afognak Native Corp. (D. Alaska): 212 Motion to Dismiss 218 Response 224 Reply 295 DCT Order Complaint here.

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Great Plains Lending v. Consumer Financial Protection Board Cert Petition

Here: Cert Petition Question presented: Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court | Tagged , , , | Leave a comment

Federal Court Rules in Favor of Stillaguamish Tribe in Dispute with State of Washington over Apparent/Actual Authority to Waive Tribal Immunity

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.): 26 State Motion for Summary Judgment 28 Tribe Motion for Summary J 33 Tribe Response 37 State Response 41 State Reply 42 Tribe Reply 44 DCT … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , | Leave a comment