Mealey's Native American Law

  • April 11, 2019

    NLRB Says Review Not Warranted For Indian Casino’s Labor Law Dispute

    WASHINGTON, D.C. — With a lack of conflicting rulings and with the U.S. Supreme Court’s prior rejection of similar cases, there is no need for the high court to take on the question of whether the National Labor Relations Board has jurisdiction over Native American casinos and their tribal operators, the NLRB argues in an April 10 response brief (Casino Pauma v. National Labor Relations Board, No. 18-873, U.S. Sup.).

  • April 10, 2019

    Judge To Rule On Whether Alleged Child Sex Abuse Happened In Indian Country

    ALBUQUERQUE, N.M. — A New Mexico federal judge on April 8 agreed to make a pretrial determination in a child sex abuse case on whether the land upon which the alleged crimes occurred is defined as Indian country for purposes of federal criminal jurisdiction (United States v. Tyrone Coriz, No. 1:17-cr-1105, D. N.M., 2019 U.S. Dist. LEXIS 59907).

  • April 10, 2019

    Release From Jail Moots Tribal Member’s Bid For Federal Habeas Relief

    SEATTLE — An Indian convict’s federal petition for a writ of habeas corpus is moot because he has already been released from prison after having served his challenged sentence for a probation violation, a Washington federal judge ruled April 8 in dismissing the petition at the recommendation of a magistrate judge (Tyrone Grant Brisbois v. Tulalip Tribal Court, et al., No. 2:18-cv-01677, W.D. Wash., 2019 U.S. Dist. LEXIS 60318).

  • April 10, 2019

    Michigan Tribe Follows State, Legalizes Recreational Marijuana Use

    BAY MILLS, Mich. — Bay Mills Indian Community on April 8 became the first Native American tribe in Michigan to legalize the recreational use of marijuana on its reservation, the tribe says in a news release issued the same day.

  • April 10, 2019

    Clarification Of Indian Gaming Law Needed, Tribe Tells High Court

    WASHINGTON, D.C. — The Comanche Nation in Oklahoma filed a petition for a writ of certiorari with the U.S. Supreme Court on March 14, arguing that the 10th Circuit U.S. Court of Appeals misapplied a provision of the Indian Gaming Regulatory Act (IGRA) in affirming denial of the tribe’s bid to halt construction of a nearby casino (Comanche Nation of Oklahoma v. Ryan Zinke, et al., No. 18-1261, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 1286).

  • April 09, 2019

    Judge Allows Wisconsin Town, Assessor Back In Tribes’ Property Tax Suit

    MADISON, Wis. — A Wisconsin federal judge on April 4 set aside defaults entered against a town and its tax assessor in an action filed by four Native American tribes seeking to stop the state and several municipalities from collecting property taxes on their reservations, finding that the tribes will not be prejudiced by reversal of the defaults (Lac Courte Oreilles Band, et al. v. Scott Walker, et al., No. 18-cv-992, W.D. Wis., 2019 U.S. Dist. LEXIS 57868).

  • April 09, 2019

    Arizona Federal Judge: Tribe Is Entitled To Extra 10,000 Acre-Feet Of Water By Law

    PHOENIX — An Arizona federal judge on March 26 ruled that the operator of the Central Arizona Project is obliged to deliver an extra 10,000 acre-feet of water to a Native American tribe under terms of a 1984 water rights settlement (Ak-Chin Indian Community v. Central Arizona Water Conservation District, No. 17-918, D. Ariz., 2019 U.S. Dist. LEXIS 50436).

  • April 08, 2019

    Native American Tribe, Trump Administration: Fracking Lease Ruling Was ‘Incorrect’

    WASHINGTON, D.C. — A Native American tribe filed an amicus curiae brief in the District of Columbia Circuit U.S. Court of Appeals on April 5 arguing that a lower court’s decision, which held that the federal government’s cancellation of a hydraulic fracturing lease was “arbitrary and capricious,” was incorrect.  The Trump administration also filed a brief contending that the lower court’s decision should be reversed (Solenex LLC v. David Bernhardt, et al. No. 18-5345, D.C. Cir.).

  • April 08, 2019

    Professors: President Trump’s Monument Reduction Not Permitted By Federal Law

    WASHINGTON, D.C. — A group of law professors on March 27 filed a revised amicus curiae brief in the District of Columbia District Court contending that the President Donald J. Trump’s decision to reduce the size of national monuments, which would allow access to land for hydraulic fracturing, was not authorized by the Antiquities Act (Hopi Tribe, et al. v. Donald J. Trump, et al., No. 17-2590; Utah Diné Bikéyah, et al. v. Donald J. Trump, et al., No. 17-2605; and Natural Resources Defense Council, et al. v. Donald J. Trump, et al., No. 17-2606, D. D.C. [consolidated]).

  • April 05, 2019

    Tribal Notification Process Properly Followed In Child’s Adoption, Panel Rules

    RIVERSIDE, Calif. — A California appeals court panel on April 2 affirmed the termination of a mother’s parental rights to her young daughter after finding that the trial court properly applied the Indian Child Welfare Act (ICWA) to determine that the girl is ineligible for tribal membership (In re D.R., San Bernardino County Children and Family Services v. J.G., No. E071397, Calif. App, 4th Dist., Div. 2, 2019 Cal. App. Unpub. LEXIS 2291).

  • April 05, 2019

    Cert Sought For Tribes’ Civil Rights Claims Against South Dakota’s Child Services

    WASHINGTON, D.C. — The Eighth Circuit U.S. Court of Appeals erred in directing a trial court to abstain from hearing a suit filed by tribes and tribal members challenging South Dakota’s process for removing children from their homes in emergency situations, the tribes and members argue in a March 4 petition to the U.S. Supreme Court (Oglala Sioux Tribe, et al. v. Lisa Fleming, et al., No. 18-1245, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 1165).

  • April 04, 2019

    Equifax, Consumers Oppose Separate Native American Track In Data Breach MDL

    ATLANTA — Equifax Inc. and a putative class of consumers each filed briefs in Georgia federal court on April 1, opposing a motion by three Native American tribes to establish a separate track for the tribes in the centralized multidistrict litigation MDL over the 2017 Equifax data breach, arguing that the tribes have not identified any unique claims or discovery means that would necessitate a separate track (In Re:  Equifax Inc., Customer Data Security Breach Litigation, No. 1:17-md-2800, N.D. Ga.).

  • April 03, 2019

    Indian Tribes, Scholars Warn Of Economic, Health Care Impact If ACA Falls

    NEW ORLEANS — Hundreds of Indian tribes, more than 50 economic scholars, a handful of constitutional law experts who in the past opposed the Patient Protection and Affordable Care Act (ACA) and two Republican-led states said striking down the entire law simply because Congress zeroed out the individual mandate penalty lacks any historic or legal precedent while warning about the far-reaching impact doing so would have.  The amici were among 21 parties filing briefs on April 1 (Texas, et al. v. U.S.A., et al., No. 19-10011, 5th Cir.).

  • April 02, 2019

    Judge: Oklahoma’s Indian Art Law Preempted Due To Conflict With Federal Statute

    OKLAHOMA CITY — An Oklahoma law limiting who can sell American Indian artwork in the state is preempted by the federal Indian Arts and Crafts Act of 1990 (IACA) because the state law unconstitutionally disturbs the purpose of the IACA to promote and develop Native American art, an Oklahoma federal judge held March 28 in awarding an Indian artist summary judgment on her challenge to the state statute (Peggy Fontenot v. Mike Hunter, No. 16-1339, W.D. Okla., 2019 U.S. Dist. LEXIS 52859).

  • April 02, 2019

    Arizona Tribe Petitions Court Over Uranium Mine At Grand Canyon Sacred Ground

    WASHINGTON, D.C. — A full-blown consultation with American Indian tribes under the National Historic Preservation Act (NHPA) is required before a company can operate a uranium mine in a national forest near the Grand Canyon that contains sacred Indian grounds, an Arizona tribe tells the U.S. Supreme Court in a March 21 petition for a writ of certiorari (Havasupai Tribe v. Heather C. Provencio, et al., No. 18-1239, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 1157).

  • March 28, 2019

    Excessive Force Suit Against Tribal Police Dismissed Because Of Wrong Forum

    TACOMA, Wash. — A Washington federal magistrate judge on July 25 dismissed a couple’s excessive force claims against tribal police officers at the request of the couple, who agreed that they should pursue their claims in tribal court (Robert Lewis, et al. v. United States, et al., No. 3:18-cv-05196, W.D. Wash., 2019 U.S. Dist. LEXIS 49937).

  • March 27, 2019

    Ruling Barring Jurisdiction Swap Under IGRA Is Not Cert Worthy, Tribe Says

    WASHINGTON, D.C. — The U.S. Supreme Court need not review a 10th Circuit U.S. Court of Appeals’ holding that the Indian Gaming Regulatory Act (IGRA) does not authorize the transfer of jurisdiction from tribal courts to state courts for tort claims arising from a gaming operation because of the limited nature of the ruling, a tribe and its casino business argue in a March 13 response brief (Harold McNeal, et ux. v. Navajo Nation, et al., 18-894, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 1010).

  • March 26, 2019

    Justices Limit National Park Service’s Authority Over Public Land In Alaska Units

    WASHINGTON, D.C. — Alaska’s Nation River is not public land under the Alaska National Interest Lands Conservation Act (ANILCA) and is exempt, as is all other nonpublic land in the state’s national parks, from the usual regulatory authority of the National Park Service (NPS), a unanimous U.S. Supreme Court held March 26 (John Sturgeon v. Bert Frost, et al., No. 17-949, U.S. Sup., 2019 U.S. LEXIS 2294).

  • March 25, 2019

    Petition Asks If Indian Tribes Have Sovereign Immunity In Bankruptcy Code

    WASHINGTON, D.C. — The U.S. Supreme Court has been asked to decide whether Congress clearly abrogated tribal sovereign immunity in the U.S. Bankruptcy Code in a petition for a writ of certiorari docketed March 20 from creditors asserting fraudulent transfer claims against a Michigan Indian tribe and its gaming business (Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians, et al., No. 18-1218, U.S. Sup.).

  • March 21, 2019

    9th Circuit: Time Limits Allowed In California Tribal-State Gaming Compacts

    PASADENA, Calif. — In an issue of first impression, the Ninth Circuit U.S. Court of Appeals held March 21 that the language of the Indian Gaming Regulatory Act (IGRA) allows time limits to be placed on tribal-state gaming compacts (Chemehuevi Indian Tribe, et al. v. Gavin Newsom, et al., No. 17-55604, 9th Cir., 2019 U.S. App. LEXIS 8343).

Can't find the article you're looking for? Click here to search the Mealey's Native American Law archive.