The Law of American Indians Posts
Arizona Court of Appeals Allows On-Reservation Utility to Challenge State Taxes
The Arizona Court of Appeals has allowed South Point Energy Center to challenge the assessment of property taxes on its power plant on the Fort Mojave Indian Reservation. The appeals court reversed the decision of the Arizona Tax Court that granted summary judgment to the Arizona Department of Revenue and Mohave County.
ALI Council Approves Project Drafts
At its October 2016 meeting, the Council took the following actions concerning project drafts
SCOTUS to Hear Case on Indian Tribe Sovereign Immunity
In Lewis v. Clarke, the justices will consider the scope of tribes’ sovereign immunity.
Enbridge Pipeline Litigation, and Its (Potential) Impact on Tribal Treaty Rights in the Great Lakes
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.
License to Kill: How Washington May Lose Its Right to Wipe Out Salmon
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.
The Dakota Access Pipeline
Last week a judge ruled that construction on the Dakota Access Pipeline may proceed, with the exception of an area in North Dakota.
Reporter Wenona Singel on Indian Child Welfare
Hear Associate Reporter Wenona Singel discuss Indian child welfare – the history and the clarity that the Restatement will offer.
Texas COA Reinstates State Court Jurisdiction in Indian Child Custody Dispute
In an opinion filed on August 3, 2016, the Texas Court of Appeals reinstated state court jurisdiction in an Indian Child Custody Dispute.
ALI Reporters on the Historical Basis for the Trust Relationship between the US and Indian Children
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.