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Mealey's Native American Law

  • February 26, 2019

    California Panel Affirms Injunction Against Indian’s Cigarette Sales To Public

    SAN FRANCISCO — On rehearing, a California appeals court panel on Feb. 25 affirmed a summary adjudication order and a permanent injunction entered in favor of the state attorney general halting the on-reservation sale of untaxed cigarettes to the public by a member of an Indian tribe (The People ex rel. Xavier Becerra v. Ardith Huber, No. A144214, Calif. App., 1st Dist., 4th Div., 2019 Cal. App. LEXIS 149).

  • February 25, 2019

    High Court Review Of 9th Circuit’s Tribal Court Jurisdiction Ruling Sought

    WASHINGTON, D.C. — The Ninth Circuit U.S. Court of Appeals erred in finding that a patron of an Indian casino whose vehicle was confiscated by the tribe after marijuana was found inside must pursue his conversion claims against a tribal police officer and a towing company to the tribal court based on comity, the patron tells the U.S. Supreme Court in a petition docketed Feb. 21 (Curtiss Wilson v. Horton’s Towing, et al., No. 18-1081, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 622 ).

  • February 25, 2019

    Claim Preclusion Ruling Stands In Florida Tribe’s Fight Against State’s Utility Tax

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Feb. 20 declined to rehear its affirmance of dismissal of a Florida Indian tribe’s attempt to avoid paying the state’s utility tax based on claim preclusion (Seminole Tribe of Florida v. Leon Biegalski, No. 18-12094, 11th Cir., 2019 U.S. App. LEXIS 4967).

  • February 22, 2019

    Federal Judge Says Tribal College Board Members Must Face False Claims Allegations

    MISSOULA, Mont. — A Montana federal judge on Feb. 20 allowed qui tam plaintiffs to pursue claims that board members of a Native American tribal college submitted false claims to receive federal funding (Fawn Cain, et al. v. Salish Kootenai College, Inc., et al., No. 12-181, D. Mont., 2019 U.S. Dist. LEXIS 26955).

  • February 20, 2019

    Judge Allows Tribe’s Political Pressure Claim Against DOI To Proceed

    WASHINGTON, D.C. — Connecticut and an Indian tribe can amend their complaint against the federal government in the tribe’s bid to operate an off-reservation casino, a District of Columbia federal judge held Feb. 15 (Connecticut, et al. v. U.S. Department of the Interior, et al., No. 1:17-cv-2564, D. D.C., 2019 U.S. Dist. LEXIS 24576).

  • February 20, 2019

    Judge Says Gas Company Expert Can Testify On Aerial Photographs Of Mines

    PRESCOTT, Ariz. — A federal judge in Arizona on Feb. 19 ruled that an expert for a gas company seeking contribution and cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act from the federal government, U.S. Department of the Interior, the Bureau of Indian Affairs, the U.S. Geological Survey, the Department of Energy and the Nuclear Regulatory Commission for the cleanup of 19 uranium mines on the Navajo Reservation can proffer testimony based on aerial photographs of the site, ruling that his methodology was reliable and that any challenges to the weight of his testimony can be challenged at trial (El Paso Natural Gas Co. LLC v. United States, No. CV-14-08165-PCT-DGC, D. Ariz., 2019 U.S. Dist. LEXIS 26054).

  • February 15, 2019

    Judge Vacates, Remands BIA’s Land-To-Trust Ruling In Favor Of Tribe

    LOS ANGELES — A Bureau of Indian Affairs (BIA) official unlawfully issued a decision in favor of a tribe seeking to have land taken into trust by the United States for a tribal housing development, a California federal judge ruled Feb. 13, vacating the decision and remanding to the BIA for a final agency action (Anne Crawford-Hall, et al. v. United States, et al., No. 2:17-cv-01616, C.D. Calif.).

  • February 12, 2019

    Texas Attorney General Gets Summary Judgment On Tribe’s Bingo Law Claims

    EL PASO, Texas — Texas’ bingo law does not violate the U.S. Constitution and is not enforced against Indian tribes in a discriminatory manner, a federal judge ruled Feb. 11 in awarding the Texas attorney general summary judgment on a tribe’s counterclaims in a long-running battle over the tribe’s gambling operations (Texas v. Ysleta Del Sur Pueblo, et al., No. 3:17-cv-179, W.D. Texas, 2019 U.S. Dist. LEXIS 21295).

  • February 12, 2019

    New York’s Claims Against Indian Cigarette Companies Are Valid, Judge Rules

    BUFFALO, N.Y. — A New York federal judge on Feb. 11 held that the state of New York plausibly alleges that two Indian enterprises are running a contraband cigarette ring that illegally brings millions of dollars’ worth of cigarettes into New York from Canada, rejecting a magistrate judge’s recommendation to dismiss the state’s claims (New York v. Grand River Enterprises Six Nations, Ltd., et al., No. 14-cv-910, W.D. N.Y., 2019 U.S. Dist. LEXIS 21558).

  • February 11, 2019

    Utah County: Intervenors In Monuments Case Should Be Allowed To File Reply Brief

    WASHINGTON, D.C. — San Juan County, Utah, which is an intervenor in the consolidated litigation brought by Native American tribes against the Trump administration regarding its decision to reduce the size of two national monuments, on Jan. 29 filed a brief in U.S. District Court for the District of Columbia contending that the court should approve the county’s proposed briefing schedule (Grand Staircase Escalante Partners, et al. v. Donald J. Trump, et al., No. 17-2591, The Wilderness Society, et al. v. Donald J. Trump, et al., No. 17-2587, D. D.C., Hopi Tribe, et al. v. Donald Trump, et al., No. 17-2590, D. D.C. [consolidated]).

  • February 8, 2019

    Judge Finds No Jurisdiction For False Arrest Claims Against Tribal Casino

    CENTRAL ISLIP, N.Y. — A couple’s false arrest and racial profiling claims against an Indian casino fail for lack of subject matter jurisdiction because Indian tribes are sovereign entities not subject to constitutional tort allegations, a New York federal judge ruled Feb. 7 in dismissing the couple’s complaint (Curtis Edwards, et al. v. Foxwoods Resort Casino, et al., No. 17-cv-05869, E.D. N.Y., 2019 U.S. Dist. LEXIS 20115).

  • February 8, 2019

    Report: Utah Legislator Did Not Influence, Benefit From National Monument Reduction

    WASHINGTON, D.C. — The Office of the Inspector General (OIG) for the Department of the Interior (DOI) on Jan. 31 released a report in which it found that there was no evidence that a Utah state legislator who owns property along the border of the Grand Staircase-Escalante National Monument (GSENM) influenced, or benefitted from, the Trump administration’s decision to reduce the size of the monument.

  • February 7, 2019

    Shellfish Farming Business Joins Tribe’s Suit Seeking To Revoke Federal Permit

    SEATTLE — A Washington federal judge on Feb. 6 allowed a commercial shellfish operation to intervene as a defendant in an Indian tribe’s lawsuit alleging that the federal government’s permitting process for farming shellfish in North Puget Sound fails to protect endangered native eelgrass beds (Swinomish Indian Tribal Community v. Army Corps of Engineers, et al., No. 2:18-cv-598, W.D. Wash., 2019 U.S. Dist. LEXIS 19394).

  • February 6, 2019

    9th Circuit Rejects Rehearing Bid In Dispute Between Battling Tribal Groups

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 4 declined to rehear its ruling that the federal government correctly determined that a California Indian tribe’s reorganization effort was invalid, that its membership is not limited to five individuals in one faction and that the United States does not recognize the leadership of the tribal government (California Valley Miwok Tribe, et al. v. Ryan K. Zinke, et al., No. 17-16321, 9th Cir., 2019 U.S. App. LEXIS 3468).

  • February 6, 2019

    Judge Transfers Tribe’s Fracking Permit Dispute To North Dakota Federal Court

    WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 5 sent an Indian tribe’s challenge to the federal government’s approvals of hydraulic fracturing wells on the tribe’s reservation to North Dakota federal court at the request of the drilling company, rejecting the tribe’s assertion that its choice of venue deserved “substantial deference” (Mandan Hidatsa and Arikara Nation v. U.S. Department of the Interior, et al., No. 18-1462, D. D.C., 2019 U.S. Dist. LEXIS 17975).

  • February 6, 2019

    Navajo Supreme Court Allows Child Sex Claims Against Mormon Church To Continue

    WINDOW ROCK, Ariz. — The sovereignty of the Navajo Nation would be jeopardized by not allowing child sex abuse allegations against the Mormon Church to proceed in tribal court to at least produce a factual record, the Navajo Nation Supreme Court held Dec. 28 in denying a bid by the church to have the case dismissed (Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al. v. Window Rock District Court, et al., No. SC-CV-42-18, Navajo Nation Sup., 2018 Navajo Sup. LEXIS 5).

  • February 5, 2019

    Seminole Tribe Subject To Federal Conservation Laws, Judge Says In Gator Egg Case

    FORT MYERS, Fla. — While the Seminole Tribe of Florida’s hunting and fishing rights are not abrogated by two federal environmental laws, its right to sell alligator eggs is subject to “reasonable and necessary conservation measures” by the government, a federal judge decided Feb. 4 in denying a tribal member’s motion to dismiss a criminal action against him for selling thousands of alligator eggs (United States v. Jack W. Turtle, No. 2:18-cr-88, M.D. Fla., 2019 U.S. Dist. LEXIS 17331).

  • February 4, 2019

    Judge Dismisses Federal Claims Against Oneida For Lack Of Jurisdiction

    GREEN BAY, Wis. — A Wisconsin federal judge on Jan. 31 dismissed an Oneida tribal member’s civil rights claims against the tribe’s business committee over her failed petition for tribal per capita payments, finding no federal jurisdiction or valid allegations for the claims (Gladys D. Dallas v. Tehassi Hill, et al., No. 18-C-1657, E.D. Wis., 2019 U.S. Dist. LEXIS 15166).

  • February 4, 2019

    9th Circuit Upholds California’s Tax On Leased Indian Trust Lands

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Jan. 28 affirmed a California county’s collection of a state tax on U.S. trust lands leased by an Indian tribe after finding that the tax is not preempted by federal law (Agua Caliente Band of Cahuilla Indians v. Riverside County, et al., No. 17-56003, 9th Cir., 2019 U.S. App. LEXIS 2791).

  • February 4, 2019

    D.C. Circuit Slams FCC For Changes To Tribal Telecommunications Assistance

    WASHINGTON, D.C. — The Federal Communications Commission trampled on federal law when it adopted rules in 2017 limiting Congress’ mandate to provide affordable broadband and telecommunications services to low-income Native Americans living on tribal land, the District of Columbia Circuit U.S. Court of Appeals held Feb. 1 (National Lifeline Association, et al. v. Federal Communications Commission, et al., Nos. 18-1026, 18-1080, D.C. Cir., 2019 U.S. App. LEXIS 3278).