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December 2020 Indian Nations Law Update


Thursday, December 31, 2020
In 
United States v. Denezpi, 979 F.3d 777 (10th Cir. 2020), Denezpi, a Navajo tribal member, was arrested by Ute Mountain Ute tribal authorities and charged with violating the Tribe’s assault and battery laws, as well as two provisions of the Code of Federal Regulations (CFR) on terroristic threats and false imprisonment. He entered an Alford plea to the assault and battery charge and was released from custody for time served. Six months later, federal prosecutors indicted Denezpi for aggravated sexual assault in violation of 18 U.S.C. §§ 2241(A)(1)-(2) & 1153(a). The court denied Mr. Denezpi’s motion to dismiss the indictment on  ....

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Trump administration overturns historic $187 million judgment in Indian land case


WASHINGTON (DECEMBER 17, 2020) – Since at least June 18, 2013, Andeavor Logistics LP, through various subsidiary companies – all of which were recently purchased by Marathon Petroleum Corporation (Marathon) – has been in willful trespass on the lands belonging to individual Indians on the Fort Berthold Reservation in North Dakota as demonstrated in proceedings before the Bureau of Indian Affairs (BIA). As shown in those proceedings, Marathon companies have used the land without any lease, permission, or current right-of-way and without any compensation to the Indian landowners.
On July 2, 2020, the Great Plains Regional Director for the BIA, Tim LaPointe, issued a decision holding Marathon liable for $187,158,636 for this trespass on 80% of the tracts. The decision also required that Marathon “immediately cease and desist use of the pipeline.” Marathon appealed that decision to the Interior Board of Indian Appeals (IBIA). ....

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