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Articles 1 - 9 of 9
Full-Text Articles in Law
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & Resources Law Review
In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.
Belcourt Public School District V. Davis, Hallie Bishop
Belcourt Public School District V. Davis, Hallie Bishop
Public Land & Resources Law Review
No abstract provided.
Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins
Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
This order from the Montana Water Court approved the Crow Water Compact over objections by non-tribal water users in Montana. Although the Objectors have appealed the decision to the Montana Supreme Court, this order represents the next-to-last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana. The order provides a clear roadmap for other Montana tribes still seeking to achieve approval of a water compact by the Montana Water Court, and for objectors who would attempt to invalidate a compact in future proceedings.
Columbia River Treaty Renewal And Sovereign Tribal Authority Under The Stevens Treaty “Right-To-Fish” Clause, David A. Bell
Columbia River Treaty Renewal And Sovereign Tribal Authority Under The Stevens Treaty “Right-To-Fish” Clause, David A. Bell
Public Land & Resources Law Review
No abstract provided.
Using The New Equal Protection To Challenge Federal Control Over Tribal Lands, Alex T. Skibine
Using The New Equal Protection To Challenge Federal Control Over Tribal Lands, Alex T. Skibine
Public Land & Resources Law Review
No abstract provided.
Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West
Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West
Public Land & Resources Law Review
The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated actions of the Schaghticoke Tribal Nation claiming the Schaghticoke had been dispossessed of Indian land without the approval of Congress, a violation of the Nonintercourse Act. The court found the district court correctly deferred under the primary jurisdiction doctrine to the United States Department of Interior’s determination that the Schaghticoke did not qualify for tribal status. Additionally, the district court properly relied on the Department of Interior’s factual findings in holding the Schaghticoke presented insufficient evidence to establish a prima facie violation of the Nonintercourse …
Jackson V. Payday Financial, Llc., Hannah S. Cail
Jackson V. Payday Financial, Llc., Hannah S. Cail
Public Land & Resources Law Review
In Jackson v. Payday Financial, the Seventh Circuit Court of Appeals held loan a provision requiring arbitration in tribal court was unreasonable and substantially and procedurally unconscionable. The Court rejected Payday’s argument that the dispute belonged in tribal court, because there was no subject matter jurisdiction over Plaintiffs’ claims, and the defendants did not raise a colorable claim for tribal jurisdiction or tribal exhaustion.
Smith V. Parker, Lindsay M. Thane
Smith V. Parker, Lindsay M. Thane
Public Land & Resources Law Review
The Eighth Circuit Court of Appeals found that an 1882 Act of Congress did not intend to diminish the boundaries of the Omaha Indian Reservation in Nebraska. The district court’s decision was affirmed because reservation land may not be divested from the tribe absent clear congressional intent to alter the reservation’s boundaries. Because the Omaha Reservation land was not diminished, the town of Pender, Nebraska—which currently sits on Reservation land—and residents of Pender, Nebraska who are engaged in the sale of alcoholic beverages must comply with the Omaha Tribal Code’s imposition of a ten percent sales tax on these beverages.