2022 Federal Courts Cases
December
Legal Topics: Treaty Rights
Legal Topics: Federal Power Act; Removal; Exclusive Jurisdiction
Legal Topics: Administrative Procedure Act; Navajo and Hopi Indian Land Settlement Act of 1974
Legal Topics: Water Rights; Water Infrastructure Improvements for the Nation Act
Legal Topics: Damages for Takings Claim
Legal Topics: Water Rights
Legal Topics: Oil and Gas Royalties on Tribal Land
Legal Topics: Monetary Damages; Subject Matter Jurisdiction
Legal Topics: McGirt v. Oklahoma; Good-faith Exception
Turpen v. Turpen
2022 WL 17668095
CASE NO. C22-0496-JCC
United States District Court, W.D. Washington, at Seattle.
December 14, 2022
Legal Topics: Tribal Court Jurisdiction; Dissolution of Marriage
Legal Topics: Disqualification of Counsel; Appointment of Counsel
Legal Topics: Free Exercise Clause; Free Speech Clause; Equal Protection Clause
Legal Topics: Tribal Sovereignty; State Taxation
Legal Topics: Navajo and Hopi Indian Land Settlement Act of 1974
Legal Topics: Restitution Payments; Tribal Annuity Payments
Legal Topics: Intervention
November
Legal Topics: Tribal Jurisdiction; Amended Complaint
Legal Topics: Indian Child Welfare Act
Galloway v. Martorello
2022 WL 17325982
Civil Action No. 3:19-cv-314
United States District Court, E.D. Virginia, Richmond Division.
November 29, 2022
Legal Topics: Racketeer Influenced and Corrupt Organizations Act (RICO); Tribal Sovereign Immunity
Legal Topics: Trust Relationship; Trespass on Indian Lands
Legal Topics: Indian Gaming Regulatory Act
Legal Topics: Tribal Sovereign Immunity; Bankruptcy
Legal Topics: Tribal Sovereign Immunity; Racketeer Influenced and Corrupt Organizations Act (RICO)
Legal Topics: Indian Self-Determination and Education Assistance Act (ISDEA); Healthcare
Legal Topics: Criminal; Fraudulent Conduct; Costanoan-Chualar Indian Tribe
Legal Topics: Exhaustion of Tribal Court Remedies; Tribal Police
Legal Topics: Indian Self-Determination and Education Assistance Act; Tribal Organization; Employment
Legal Topics: Garnishment; Tribal Per Capita Payments
Legal Topics: Intervention; Sovereignty; Exercise of Jurisdiction
Legal Topics: Tribal Contract Health; Discovery
Legal Topics: Surface Mining Control and Reclamation Act; Administrative Procedure Act
Legal Topics: Surface Mining Control and Reclamation Act; Administrative Procedure Act
Legal Topics: Administrative Procedure Act; AFCAR; Indian Child Welfare Act
Legal Topics: Tribal Courts; Child Welfare
Legal Topics: Treaty Rights; Sovereign Immunity
October
Legal Topics: Religious Land Use and Institutionalized Persons Act
Legal Topics: Class Action; 35 Stat. 312; Freedmen Allotments
Legal Topics: Economic Development; Sovereign Immunity
Weiss v. Perez, et al.
635 F. Supp. 3d 930
Case No. 22-cv-00641-BLF
United States District Court, N.D. California.
October 19, 2022
Legal Topics: Freedom of Speech; Retaliation
Darden v. Vines, et al.
2022 WL 11388606
CASE NO. 6:22-cv-00404 (LEAD)
United States District Court, W.D. Louisiana, LAFAYETTE DIVISION.
October 19, 2022
Legal Topics: Employment Law; Tribal Council
United States v. Cody
2022 WL 11128059
Case No. 4:22-cr-00063
United States District Court, N.D. Oklahoma.
October 18, 2022
Legal Topics: Criminal Jurisdiction; Indian Country
Legal Topics: Expert Witness; Native Hawaiian Language
Legal Topics: Tribal Sovereign Immunity
Legal Topics: National Environmental Policy Act; Clean Water Act
Legal Topics: Remedy for Trespass
Legal Topics: Klamath River; Water Rights; Centralization
Legal Topics: Indian Gaming Regulatory Act; Taxation
September
Legal Topics: Administrative Procedure Act; Indian Gaming Regulatory Act
Legal Topics: Federal Arbitration Act; Tribal Sovereign Immunity
Legal Topics: Navajo and Hopi Indian Land Settlement Act; Administrative Procedure Act
Legal Topics: Tribal Jurisdiction
Legal Topics: Quechan Tribe; Attorney Termination; Lanham Act
Legal Topics: 638 Contract for Law Enforcement Services; Law Enforcement Assist Agreement
Legal Topics: Tribal Court Jurisdiction; Trespass on Indian Lands; Bankruptcy Court
Legal Topics: Bureau of Indian Affairs; Administrative Procedure Act
Legal Topics: Indian Allotments; Jurisdiction; Economic Development
Legal Topics: Exhaustion of Tribal Remedies; Tribal Law; Tribal Courts; Banishment
Legal Topics: Health Care; Indian Self-Determination and Education Assistance Act
Legal Topics: Treaty Rights; Comprehensive Environmental Compensation and Liability Act (CERCLA)
Pacheco v. El Habti
48 F.4th 1179
No. 20-7002
United States Court of Appeals, Tenth Circuit.
September 15, 2022
Legal Topics: Habeas Corpus; McGirt v. Oklahoma
Legal Topics: Law Enforcement Jurisdiction; Tribal Sovereignty
Legal Topics: Indian Self-Determination and Education Assistance Act; Tribally Controlled Schools Act
Legal Topics: Tribal Court Jurisdiction Over Nonmembers; Insurance Coverage
Legal Topics: Mineral Leasing Act of 1920; Administrative Procedure Act; Trust Relationship
Legal Topics: Trust Relationship; Mineral Leasing
Legal Topics: Off-Reservation Fishing Rights
Legal Topics: Trust Relationship; Water Rights
Legal Topics: Trust Relationship; Trespass on Indian Lands
Legal Topics: Racketeer Influenced and Corrupt Organizations Act; Venue; Economic Development
Legal Topics: Voting Rights; Redistricting
August
Legal Topics: Endangered Species Act; Administrative Procedure Act; Sovereign Interests of an Indian Tribe
Legal Topics: Navajo–Hopi Settlement Act; Administrative Procedure Act
Legal Topics: Migratory Bird Treaty Act; Bald and Golden Eagle Protection Act; Treaty Rights; Religious Freedom Restoration Act
Legal Topics: Sovereign Immunity; Fishing Rights
Legal Topics: Tribal Sovereign Immunity; Indian Gaming Regulatory Act
Legal Topics: Breach of Contract; Trespass on Indian Lands
Legal Topics: Trust Relationship; Water Rights
Legal Topics: Tribal Sovereign Immunity
Legal Topics: Economic Development; Breach of Contract
Legal Topics: Voting Rights; Redistricting
Legal Topics: Tribal Sovereign Immunity
Legal Topics: Economic Development; Tribal Recognition
Legal Topics: Indian Taxation; Treaty Rights
Legal Topics: Tribal Sovereign Immunity
Legal Topics: Economic Development; Tribal Law
Legal Topics: Voting Rights; Redistricting
Legal Topics:
National Environmental Policy Act; National Historic Preservation Act
Legal Topics:
Health Care; Tribal Sovereign Immunity
Legal Topics: Indian Gaming Regulatory Act; Tribal Sovereign Immunity
Legal Topics: Water Rights
Legal Topics: National Environmental Policy Act; Religious Freedom Restoration Act; Administrative Procedure Act
July
Legal Topics: Economic Development; Attorneys Fees
Legal Topics: Indian Gaming Regulatory Act
Legal Topics: Tribal Sovereign Immunity
Legal Topics: Cultural Resources / Property
United States v. Stimac
40 F.4th 876
No. 21-2412
United States Court of Appeals, Eighth Circuit.
July 25, 2022
Legal Topics:
Wildlife Trafficking; Trespassing on Indian Land
Legal Topics: Tribal Sovereign Immunity; Section 8(a) contracting
Legal Topics: Tribal Sovereign Immunity; Health Care
Legal Topics: Federal Recognition
Legal Topics: Tribal Sovereign Immunity; Exhaustion of Tribal Remedies
Legal Topics: Racketeer Influenced and Corrupt Organizations Act; Tribal Sovereign Immunity
Legal Topics: Ceremonial Fishing and Harvesting
Legal Topics: Tribal Sovereign Immunity
Legal Topics: Voting Rights Act; Redistricting
Yurok Tribe v. Dowd
2022 WL 2441564
Case No. 16-cv-02471-RMI
United States District Court, N.D. California.
July 5, 2022
Legal Topics: Subject Matter Jurisdiction; Tribal Sovereignty; Fishing Rights
Legal Topics: Tribal Jurisdiction over Nonmembers; Dams; Exhaustion of Tribal Remedies
June
Kanam v. Haaland
2022 WL 2315552
Civil Case No. 21-1690 (RJL)
United States District Court, District of Columbia.
June 28, 2022
Legal Topics: Federal Recognition
Legal Topics: Cultural Resources; Sacred Sites; Chi'chil Biłdagoteel
Legal Topics: Subsistence Rights; Alaska National Interest Lands Conservation Act
Legal Topics: Tribal Sovereign Immunity; Trust Relationship; Allotment
Legal Topics: Trust Relationship; Federal Tort Claims Act
Legal Topics: Custody; Jurisdiction
Legal Topics: Tribal Court Jurisdiction Over Nonmembers; Tribal Sovereign Immunity, Health Care
Legal Topics: Indian Gaming Regulatory Act; Indian Gaming
Legal Topics: Navajo-Hopi Settlement Act of 1974
Legal Topics: Tribal Exhaustion
May
Legal Topics: Indian Self-Determination and Education Assistance Act
Legal Topics: Health Care; Trust Relationship; Indian Health Service
Legal Topics: Voting Rights - Redistricting
Legal Topics: Payday Lending; Consumer Financial Protection Act
Legal Topics: Tribal Labor Relations; Class III Gaming Compact
Legal Topics: Quiet Title Act
Legal Topics: False Claims Act; Tribal Sovereign Immunity
Legal Topics: Voting Rights - Registration; National Voter Registration Act
Legal Topics: Tribal Police; Law Enforcement Jurisdiction
Legal Topics: Sovereign Immunity; Administrative Procedure Act
Legal Topics: Tribal Courts; Parental Kidnapping Prevention Act
Legal Topics: Cultural Resources; Native American Graves Protection Act
Legal Topics: Tribal Sovereign Immunity
Legal Topics: Indian Gaming Regulatory Act
Meeks v. Tehama County
2022 WL 1444398
No. 2:22-cv-0522 KJM AC PS
United States District Court, E.D. California.
May 6, 2022
Legal Topics: Indian Child Welfare Act; Jurisdiction
Legal Topics: Clean Water Act; Gold King Mine Spill
April
Legal Topics: Tribal Jurisdiction; Water Rights
Brown v. Haaland
2022 WL 1224928
Case No. 3:21-cv-00344-MMD-CLB
United States District Court, D. Nevada.
April 26, 2022
Legal Topics: Evictions
Legal Topics: Tribal Contract Health; Health Care; Medicare Like Rates
Legal Topics: Health Care; Tribal Sovereign Immunity
Legal Topics: Criminal Jurisdiction; Curtis Act
Legal Topics: Tribal Courts; Child Welfare
United States v. Menees
2022 WL 1004868
Case No. CR-21-151-TDD
United States District Court, E.D. Oklahoma.
April 4, 2022
Legal Topics: Criminal Jurisdiction
Legal Topics: Cultural Resources; Treaty Rights; Enbridge Line 5
March
Legal Topics: Tribal Sovereign Immunity; Banishment
Legal Topics: Tribal Police; Tribal Law and Order Act
Legal Topics: Bureau of Indian Affairs; Trespassing
Legal Topics: Klamath River; Water Rights; Fisheries
Legal Topics: Tribal Law; Tribal Courts; Banishment
Legal Topics: Indian Education
Legal Topics: Land Exchange; Alaska National Interest Lands Conservation Act
Legal Topics: Cultural Resources; National Historic Preservation Act; Tribal Consultation
Legal Topics: Civil Rights; Police Brutality; Standing Rock
Legal Topics: Tribal Jurisdiction; Tribal Law
Legal Topics: Treaty Rights; Indian Land Claims
James v. Kootenai County
2022 WL 656894
Case No. 2:19-cv-00460-BLW
United States District Court, D. Idaho.
March 4, 2022
Legal Topics: Religious Practices - Burial Traditions
Legal Topics: Treaty Rights; Reservation Boundaries
FebruarY
Legal Topics: Federal Trust Breach; Osage Headrights
Legal Topics: Attorneys' Fees
Legal Topics: Uranium Mining; Cultural Resources Protection
Legal Topics: Water Rights; Trust Relationship
Legal Topics: Bad Men Clause; Court of Federal Claims
Legal Topics: Tribal Court Exhaustion Doctrine; Jurisdiction
Legal Topics: Fee-to-Trust Acquisitions
January
Legal Topics: Assimilative Crimes Act
Shawnee Tribe v. Yellen
Materials via Turtle Talk
583 F. Supp. 3d 36
Case No. 20-cv-1999 (APM), Case No. 20-cv-2792 (APM), Case No. 21-cv-0012 (APM)
United States District Court, District of Columbia.
January 28, 2022
Legal Topics: CARES Act
Legal Topics: Tribal Sovereign Immunity; Treaty Rights
Legal Topics: Blackfeet Reservation; Discrimination
Legal Topics: Treaty Rights; Tribal Law; Tribal Elections
Legal Topics: Cultural Resources; Sacred Sites; Geothermal Projects
Legal Topics: Employment Contracts; Subject Matter Jurisdiction
Legal Topics: Tribal Membership; Disenrollment; Trust Relationship