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Mealey's Native American Law

  • January 29, 2019

    Judge Awards Tribe Attorney Fees For Successful Suit Against Government

    RENO, Nev. — Finding no substantial justification for the way the federal government treated a Native American tribe in denying it federal recognition, a Nevada federal judge on Jan. 24 awarded the tribe more than $102,000 for its attorney fees (Winnemucca Indian Colony, et al. v. United States, et al., No. 3:11-cv-00622, D. Nev., 2019 U.S. Dist. LEXIS 11309).

  • January 25, 2019

    9th Circuit: Tribal Sovereign Immunity Doesn’t Confer Federal Jurisdiction

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Jan. 22 vacated summary judgment in favor of a Native American tribe in a declaratory lawsuit against the state of Washington, saying that under the well-pleaded complaint rule, the tribe cannot use its claim to sovereign jurisdiction to create federal jurisdiction (Stillagumish Tribe of Indians v. Washington, et al., No. 17-35722, 9th Cir., 2019 U.S. App. LEXIS 1943).

  • January 22, 2019

    10th Circuit Reverses; BLM Lacked Authority To Access Private Fracking Well

    DENVER — A panel of the 10th Circuit U.S. Court of Appeals on Jan. 18 reversed and remanded a hydraulic fracturing lease case, holding that the U.S. Bureau of Land Management (BLM) lacked the authority to require landowners to provide the agency with a key to a lease site on privately owned land (Maralex Resources Inc., et al. v. David Barnhardt, et al., No. 17-1421, 10th Cir., 2019 U.S. App. LEXIS 1705).

  • January 22, 2019

    High Court Petitioned Twice In Clash Over Taxing Tribe’s Gaming Revenue

    WASHINGTON, D.C. — An 11th Circuit U.S. Court of Appeals ruling that a Florida Indian tribe must pay federal taxes on millions of dollars in gaming revenue that it distributes per capita to tribal members demands review because it infringes on Indian tribes’ rights to self-governance, a tribe and one of its members say in separate Jan. 7 U.S. Supreme Court petitions for writs of certiorari (Miccosukee Tribe of Indians v. United States, No. 18-895, 2019 U.S. S. Ct. Briefs LEXIS 86, and Sally Jim v. United States, No. 18-891, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 83).

  • January 18, 2019

    Judge Vacates DOI Ruling, Restores Federal Recognition To California Tribe

    WASHINGTON, D.C. — A District of Columbia federal judge on Jan. 16 directed the U.S. Department of the Interior (DOI) to restore federal recognition to a California Indian tribe after finding that a federal regulation is invalid and that the DOI’s decision to deny the tribe recognition was “arbitrary, capricious, and not in accordance with law” (Koi Nation of Northern California v. U.S. Department of the Interior, et al., No. 17-1718, D. D.C., 2019 U.S. Dist. LEXIS 7859).

  • January 17, 2019

    Jurisdiction Row Over Injury Claims From Casino Fall Heads To High Court

    WASHINGTON, D.C. — A couple have taken their slip-and-fall action against an Indian casino to the U.S. Supreme Court, arguing in a Jan. 10 petition for a writ of certiorari that the 10th Circuit U.S. Court of Appeals’ holding that the Indian Gaming Regulatory Act (IGRA) does not authorize the transfer of jurisdiction to state courts for such tort claims conflicts with high court precedent (Harold McNeal, et ux. v. Navajo Nation, et al., 18-894, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 85).

  • January 15, 2019

    Tribe, Drugmaker Ask Justices To Overturn Bar On Sovereign Immunity IPR Protection

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals’ ruling that an Indian tribe’s sovereign immunity cannot shield a drug company from inter partes review (IPR) of patents should be vacated because it conflicts with U.S. Supreme Court precedent, a tribe and drugmaker argue in their petition for a writ of certiorari, docketed Jan. 11 with the high court (Saint Regis Mohawk Tribe, et al. v. Mylan Pharmaceuticals Inc., et al., No. 18-899, U.S. Sup.).

  • January 15, 2019

    United States, Warden, Condemned Prisoner, Tribe Wrap Up Supplemental Briefing

    WASHINGTON, D.C. — A convicted killer and his Native American tribe are wrong in asserting that Oklahoma’s admission to the union granted criminal jurisdiction over Indians in the state to the federal government, the United States argues in a Jan. 11 supplemental reply brief to the U.S. Supreme Court justices, who requested additional briefing after oral arguments were heard (Mike Carpenter v. Patrick Dwayne Murphy, No. 17-1107, U.S. Sup.).

  • January 11, 2019

    Judge Rejects Oglala Tribe’s Pipeline Suit Amendment As Futile

    WASHINGTON, D.C. — A Native American tribe is trying to litigate an issue already resolved in the “long-running battle” between Indian tribes and the U.S. Army Corps of Engineers over the Dakota Access Pipeline (DAPL), a District of Columbia federal judge ruled Jan. 10 in denying the tribe’s bid to amend its complaint (Standing Rock Sioux Tribe, et al. v. U.S. Army Corps of Engineers, et al., No. 16-1534, D. D.C., 2019 U.S. Dist. LEXIS 4420).

  • January 11, 2019

    10th Circuit: Pipeline Companies Trespassed, But Injunction Was Wrong

    DENVER — Indian property owners deserve summary judgment that pipeline companies are liable for trespass, but they are not entitled to an order forcing the companies to remove the offending pipeline without an analysis of the equities under federal law, a slightly divided 10th Circuit U.S. Court of Appeals panel held Jan. 10 (Marcia W. Davilla, et al. v. Enable Midstream Partners, L.P., et al., No. 17-6088, 10th Cir., 2019 U.S. App. LEXIS 877).

  • January 11, 2019

    Indian Casino Takes Labor Law Fight To Supreme Court

    WASHINGTON, D.C. — The question of whether the National Labor Relations Board has jurisdiction over Native American casinos and their tribal operators heads to the U.S. Supreme Court, with a petition for a writ of certiorari from a California Indian casino docketed Jan. 8 (Casino Pauma v. National Labor Relations Board, No. 18-873, U.S. Sup.).

  • January 10, 2019

    Tribe Complaint Over MSA Escrow To Proceed, In Part, In Nebraska

    OMAHA, Neb. — Although rejecting claims by the Winnebago Tribe that the State of Nebraska violates equal protection laws through regulation of tribal cigarette sales, a Nebraska federal judge on Dec. 19 refused to dismiss the tribe’s related allegation that the escrow requirements of the 1998 Tobacco Master Settlement Agreement (MSA) violate the Indian commerce clause (HCI Distribution Inc., et al. v. Douglas Peterson, et al., No. 18-173, D. Neb., 2018 U.S. Dist. LEXIS 213531).

  • January 10, 2019

    State Of Utah Says It Has A Right To File A Brief In National Monument Case

    WASHINGTON, D.C. — The state of Utah on Dec. 31 filed a brief in the U.S. District Court for the District of Columbia arguing that it has a right to file a brief in the lawsuit brought by Native American tribes and environmental groups that oppose the Trump administration’s decision to reduce the size of two national monuments, which the plaintiffs say was done to open the land for hydraulic fracturing activities (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]).

  • January 9, 2019

    8th Circuit Upholds Adding Prison Time For Man’s 101 Tribal Court Convictions

    ST. PAUL, Minn. — A South Dakota federal judge did not err in increasing the prison sentence for a Native American who pleaded guilty to domestic assault by a habitual offender, the Eighth Circuit U.S. Court of Appeals held Jan. 7, finding that the sentence is not “substantively unreasonable” for a man with 101 prior tribal court convictions (United States of America v. Charles Eagle Pipe, No. 17-3039, 8th Cir., 2019 U.S. App. LEXIS 367).

  • January 8, 2019

    Issue Preclusion Effect On Tribe’s Treaty Rights Disputed Before High Court

    WASHINGTON, D.C. — The question of whether the Crow Indian tribe’s treaty hunting rights in Wyoming survived the establishment of the state hinges on the doctrine of issue preclusion and whether the mere granting of statehood rendered the tribe’s hunting grounds occupied, the parties argued to the U.S. Supreme Court justices on Jan. 8 (Clayvin B. Herrera v. Wyoming, No. 17-532, U.S. Sup.).

  • January 7, 2019

    Indian Casino Challengers In California Lose Bid For High Court Review

    WASHINGTON, D.C. — Opponents of an Indian tribe’s California casino failed to persuade the nation’s top court to review the District of Columbia Circuit U.S. Court of Appeals’ resounding affirmance that no federal statutes were violated in the casino’s approval, as the U.S. Supreme Court justices on Jan. 7 denied certiorari for the case (Stand Up For California!, et al. v. U.S. Department of the Interior, et al., No. 18-61, U.S. Sup.).

  • January 7, 2019

    High Court Denies Cert In Utah Tribal Remedy Exhaustion Dispute

    WASHINGTON, D.C. — A Utah Supreme Court ruling that a businessman involved in a dispute with an Indian tribe must first exhaust his tribal remedies before suing in state court will stand after the U.S. Supreme Court on Jan. 7 took the United States’ recommendation and declined to review the case (Ryan Harvey, et al. v. Ute Indian Tribe of Uintah and Ouray Reservation, et al., No. 17-1301, U.S. Sup.).

  • January 7, 2019

    Justices Agree That Tribe’s Win In Mineral Rights Dispute Is Not Cert Worthy

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 took the advice of the United States, from which it requested an amicus curiae brief, and denied certiorari for a 10th Circuit U.S. Court of Appeals finding that construction of a wind farm interfered with an Indian tribe’s reserved mineral rights because excavation work for turbine foundations for the project constituted “mineral development” (Osage Wind, LLC, et al. v. United States, et al., No. 17-1237, U.S. Sup.).

  • January 3, 2019

    10th Circuit Denies Rehearing In Lease Dispute Against Trump Administration

    DENVER — The 10th Circuit U.S. Court of Appeals on Jan. 2 issued an order refusing to hear the appeal filed by a landowner seeking rehearing of its ruling in which a panel ruled he could not establish entitlement to equitable tolling because he had not taken any action to pursue his rights regarding a hydraulic fracturing lease dispute before filing a lawsuit against the U.S. Bureau of Indian Affairs (BIA).  The one-sentence order did not elaborate on the reason for the panel’s denial (Merrill Chance v. Ryan Zinke, et al., No. 17-5057, 10th Cir.).

  • January 3, 2019

    Alaskan Health Care Group Shielded From Worker’s Bias Claims, Federal Judge Says

    ANCHORAGE, Alaska — A tribal organization that provides health care services to Alaska Natives and American Indians meets all the criteria as a tribal entity that enjoys sovereign immunity from suit, an Alaskan federal judge ruled Jan. 2 in dismissing a former Native Alaskan employee’s race discrimination claims against the organization (Elena Barron v. Alaska Native Tribal Health Consortium, No. 3:18-cv-00118, D. Alaska, 2019 U.S. Dist. LEXIS 130).