Iowa Law Review Student Scholarship on How NHPA Fails Tribal Interests

Amanda M. Marincic has published “The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations” in the Iowa Law Review.

An excerpt:

Beginning in 2016, the Standing Rock Sioux Tribe engaged in a highly-publicized, year-long legal battle with Energy Transfer Partners regarding the construction of the Dakota Access Pipeline (“DAPL”). The Tribe initially argued that the DAPL’s construction would destroy ancient burial sites and potentially poison their only source of drinking water, the Missouri River. The Tribe also argued that the agency involved in the project, the Army Corps of Engineers, did not fulfill the obligations required by the NHPA. For a while, the fate of the DAPL was uncertain, with permits for construction being denied and then granted. After the Army Corps of Engineers granted the permit pursuant to President Trump’s memorandum, construction on the DAPL was completed. After several failed attempts by the Standing Rock Sioux to halt operation of the DAPL, a federal district judge ruled in June 2017 that the environmental impact studies done on the DAPL were inadequate. While this ruling is a small victory for the Standing Rock Sioux Tribe, the NHPA was useless in protecting its cultural sites from significant damage.

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

Nooksack: Three New Disenrollment-Related Lawsuits

Doucette v. Zinke (W.D. Wash):


Belmont v. BIA Acting Northwest Regional Director (IBIA):
Tageant v. Smith (Wash. Sup. Ct.):
Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , , , , , | 1 Comment

Seminole Tribe v. FCC Petition for Review [NHPA]

Here is the petition in Seminole Tribe of Florida v. Federal Communications Commission (D.C. Cir.):


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

News Profile of Rising Indian Women Leaders

From Planet Jackson Hole, “Tipping the Scales: While challenging imbalances of representation in law and politics, a wave of indigenous women are rising into power
within their communities

Profiles include Deb Haaland, Terri Smith, and Affie Ellis.

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

2018 Designated Agents for ICWA Service


Apparently last year I threatened some of you with embarrassment if you didn’t use these, which I’m not doing this year (but seriously, use these. Do not send notice to the tribal newspaper [yes, that has happened]).


Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | 2 Comments

Legal Education Scholarship

The Indian Law Section (ILS) of the State Bar of Wisconsin was created in part to bring together those who have a special interest in Indian Law. In order to foster this special interest, the ILS intends to award a scholarship to a deserving third-year law student who intends to practice Indian Law in the state of Wisconsin. The award for the 2018-2019 school year will be $1,000. Future year award amounts are subject to change based upon student interest and ILS resources.
Applications must be postmarked no later than August 1, 2018 midnight central time. Late or incomplete applications will not be considered. The recipient will be notified by mid-June, and be formally recognized at the Annual Indian Law Section CLE.

Please see the Legal Education Scholarship Application for more details.

Posted in Research | Tagged | 1 Comment

Washington State Adopts ICWA Pro Hac Rule!

Order here.

Effective September 1!

ICWA Pro Hac page here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | Leave a comment

Federal Court Denies Warm Springs Rule 19 Motion, Holding Clean Water Act Abrogates Tribal Immunity

Here are the materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

74 Motion to Dismiss

76 Response

78 Reply

103 DCT Order

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

Slate: “The Fight Over Who’s a ‘Real Indian’”


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

President Fawn Sharp on the Culverts Case

Here (scroll down to the second audio player).

Posted in Author: Ann Tweedy, News, treaty rights | Tagged , , , , , , | Leave a comment