On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
8/14/2019
/ Administrative Procedure Act ,
Anti-Commandeering ,
Appeals ,
Child Custody ,
Constitutional Challenges ,
Department of the Interior ,
Equal Protection ,
Final Rules ,
Indian Child Welfare Act of 1978 (ICWA) ,
Native American Issues ,
Non-Delegation Doctrine ,
Reversal ,
Standing ,
Summary Judgment ,
Tenth Amendment
All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more
7/18/2018
/ Action to Quiet Title ,
Department of the Interior ,
Drainage ,
Drought ,
Executive Orders ,
Farm Bill ,
Federal Funding ,
General Welfare Exclusion ,
Government Reorganization ,
In Rem Jurisdiction ,
Indian General Allotment Act ,
Jurisdiction ,
Land Owners ,
Land Purchases ,
Legislative Agendas ,
Native American Issues ,
Opioid ,
Polling ,
Presidential Nominations ,
Reauthorization ,
Reclamation ,
Retirement ,
Salmon ,
SCOTUS ,
Senate Confirmation Hearings ,
Sovereign Immunity ,
Statutory Interpretation ,
Treaties ,
Trump Administration ,
Upper Skagit Indiana Tribe v Lundgren ,
Vacated ,
WA Supreme Court ,
Washington v United States ,
Water ,
Water Rights ,
Water Usage ,
Women in the Law
Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more
12/8/2017
/ Affordable Care Act ,
Coal ,
Department of the Interior ,
FERC ,
Indian Gaming ,
Indian Tribal Trusts ,
Low Income Housing ,
Native American Issues ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Oral Argument ,
SCOTUS ,
Tax Reform ,
Tax Treaty ,
Trade Relations ,
Tribal Governments ,
Tribal Lands ,
Trump Administration ,
Water