The Law of American Indians Posts
At its October 2016 meeting, the Council took the following actions concerning project drafts
In Lewis v. Clarke, the justices will consider the scope of tribes’ sovereign immunity.
On July 20th of this year, the U.S. Department of Justice and the Environmental Protection Agency filed a lawsuit against Enbridge in the U.S. District Court for the Western District of Michigan relating to a 2010 oil spill into the Kalamazoo river under various federal statutes – along with a proposed Consent Decree.
The court affirmed a lower court decision ordering the state to replace its worst salmon-killing culverts that block passage upstream for the fish. A unanimous three-judge panel held that the culverts violate federal treaties signed with Washington tribes.
Last week a judge ruled that construction on the Dakota Access Pipeline may proceed, with the exception of an area in North Dakota.
Hear Associate Reporter Wenona Singel discuss Indian child welfare – the history and the clarity that the Restatement will offer.
In an opinion filed on August 3, 2016, the Texas Court of Appeals reinstated state court jurisdiction in an Indian Child Custody Dispute.
In this recently published article, project Reporters Matthew Fletcher and Wenona Singel explore the history of the role of Indian children in the formation of the federal-tribal trust relationship. This piece comes as constitutional challenges to the Indian Child Welfare Act (ICWA) are now pending. The Reporters conclude the historical record demonstrates the core of the federal-tribal trust relationship is the welfare of Indian children and their relationship to Indian nations.