Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D070826
|
In re J.L.
Trial court properly terminates parental rights without Indian Child Welfare Act heritage inquiry, as mother's uncertainty of Indian ancestry does not trigger social worker's burden to investigate. |
Native American Affairs |
|
Apr. 14, 2017 | |
14-73055
|
Hopi Tribe v. U.S.E.P.A.
General duty of trust between United States and Indian tribes does not create a general duty to consult that binds upon the U.S. as single entity. |
Native American Affairs |
|
Mar. 21, 2017 | |
14-15814
|
Tavares v. Whitehouse
Temporary banishment from tribal land is not 'detention' sufficient to invoke federal habeas jurisdiction under Indian Civil Rights Act. |
Native American Affairs |
|
Mar. 15, 2017 | |
15-55896
|
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District
Agua Caliente Band of Cahuilla Indians holds federally reserved water rights to appurtenant water sources, including groundwater, pursuant to the 'Winters' doctrine. |
Native American Affairs |
|
Mar. 8, 2017 | |
14-55461
|
Desert Water Agency v. U.S. Department of the Interior
California political subdivision lacks standing to sue federal agency, as disputed federal regulation offers interpretation of existing law and does not preempt state taxes on non-Indians living on tribal land. |
Native American Affairs |
|
Mar. 8, 2017 | |
13-35474
|
U.S. v. Washington
State of Washington's building and maintaining of culverts that prevented passage of salmon violates its obligation to Indian tribes under Stevens Treaties. |
Native American Affairs |
|
Mar. 3, 2017 | |
14-55900
|
Consumer Financial Protection Bureau v. Great Plains Lending LLC
Consumer Financial Protection Bureau has jurisdiction to serve investigative demands upon for-profit Native American tribal lending companies. |
Native American Affairs |
|
Jan. 22, 2017 | |
S216878
|
People ex rel. Jan Owen v. Miami Nation Enterprises
Payday loan companies created by federally recognized Indian tribes accused of engaging in unlawful loan activities are not entitled to tribal immunity. |
Native American Affairs |
|
Dec. 22, 2016 | |
A147577
|
O.C., a Minor
Termination of parental rights over possible Indian children partly overturned due to noncompliance with ICWA and state law noticing requirements. |
Native American Affairs |
|
Nov. 24, 2016 | |
C075126
|
United Auburn Indian Community v. Brown
Governor's concurrence with Department of Interior decision regarding Indian casino, execution of gaming compact not legislative act violating separation of powers doctrine. |
Native American Affairs |
|
Oct. 16, 2016 | |
B268149
|
Michael V., a Minor
Order terminating mother's parental rights suspended where child protection agency failed to conduct meaningful investigation into mother's claim of Indian ancestry. |
Native American Affairs |
|
Sep. 12, 2016 | |
12-15788
|
Alvarez v. Tracy
Notwithstanding general principles of tribal sovereignty, Indian defendant entitled to habeas relief where he should have been advised that his right to a jury trial was waived when he did not expressly request one. |
Native American Affairs |
|
Aug. 30, 2016 | |
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Aug. 21, 2016 | |
14-16121
|
Bodi v. Shingle Springs Band of Miwok Indians
Indian tribe does not waive sovereign immunity by mere removal of action to federal court; clear and unequivocal waiver is required to relinquish tribal immunity. |
Native American Affairs |
|
Aug. 9, 2016 | |
A142560
|
Findleton v. Coyote Valley Band of Pomo Indians
Tribal Council's adoption of resolution constituted express and clear waiver of sovereign immunity allowing construction contractor to proceed with arbitration of dispute. |
Native American Affairs |
|
Aug. 1, 2016 | |
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Jul. 18, 2016 | |
S220187
|
In re Abbigail A.
Rule of Court expanding class defined as Indian child beyond definition provided by Indian Child Welfare Act ignores legislative intent, invalid under state law. |
Native American Affairs |
|
Jul. 15, 2016 | |
B270775
|
Alexandria P., a Minor
De facto parents opposing Indian child's placement with extended family fails to meet burden of showing good cause to warrant departure from ICWA's adoptive placement preferences. |
Native American Affairs |
|
Jul. 12, 2016 | |
14-56909
|
Aguayo v. Jewell
Bureau of Indian Affairs lack authority to intervene in tribal membership dispute involving disenrollment of 150 people from the Pala Band of Mission Indians. |
Native American Affairs |
|
Jul. 11, 2016 | |
S221263
|
In re Isaiah W.
Parent may challenge finding of inapplicability of Indian Child Welfare Act in appeal from subsequent order even though she did not raise challenge in appeal from initial order. |
Native American Affairs |
|
Jul. 8, 2016 | |
G052683
|
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act. |
Native American Affairs |
|
Jun. 30, 2016 | |
13-35474
|
U.S. v. Washington
State of Washington's building and maintaining of culverts that prevented passage of salmon violates its obligation to Indian tribes under Stevens Treaties. |
Native American Affairs |
|
Jun. 27, 2016 | |
G052683
|
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act. |
Native American Affairs |
|
Jun. 20, 2016 | |
15-420
|
U.S. v. Bryant
ICRA-compliant tribal-court convictions properly used as predicate offenses in federal prosecution for domestic assault by habitual offender under 18 U.S.C. Section 117(a). |
Native American Affairs |
|
Jun. 13, 2016 | |
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Jun. 9, 2016 | |
13-16182
|
Timbisha Shoshone Tribe v. U.S. Dept. of the Interior
Action challenging recognition of election results for leadership authority over Timbisha Shoshone Tribe rendered moot by Tribe's adoption of new constitution. |
Native American Affairs |
|
May 30, 2016 | |
13-15710
|
Navajo Nation v. U.S. Dept. of the Interior
Navajo Nation allowed to challenge removal by Park Service of human remains and funerary objects on its reservation after court incorrectly dismisses suit. |
Native American Affairs |
|
Apr. 7, 2016 | |
14-1406
|
Nebraska v. Parker
Congressional act that allowed western settlers to purchase tribal land in Nebraska did not diminish reservation boundaries; thus, settlers remain subject to tribe's regulations. |
Native American Affairs |
|
Mar. 23, 2016 | |
14-35051
|
State of Alaska Dept. of Natural Resources v. United States
State of Alaska scores partial victory in effort to obtain rights-of-way over Indian land through remand allowing amendment of its condemnation claim. |
Native American Affairs |
|
Mar. 15, 2016 | |
A139939
|
E.R., a Minor
Maternal uncle has no rights to ICWA notices and related advisements over Indian children following Mother's effective revocation of Indian custodian designation. |
Native American Affairs |
|
Feb. 10, 2016 |