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Native American Issues

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

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On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2025

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A New York federal judge has tossed several school district lawsuits seeking to void a state law banning the use of Native American team mascots and names, throwing out individual board members’ free speech claims but saying...more

Schwabe, Williamson & Wyatt PC

Trump Administration Rescinds Biden-Era Executive Order Designed to Ensure Tribal Access to Federal Funding

On March 14, the Trump administration issued an Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions,” which rescinded 18 previous executive orders and other presidential actions, on topics...more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

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The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

WilmerHale

United States Patent and Trademark Office Calls for Tribal Comments on the World Intellectual Property Organization Treaty on...

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On January 17, 2025, the United States Patent and Trademark Office (“USPTO”) published a request for written comments on a recently adopted treaty....more

Vicente LLP

Understanding ESG Requirements for Licensing Colorado Natural Medicine Businesses

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Aspiring psychedelic business licensees in Colorado now have clarification on the ESG criteria required for natural medicine license applications, as the Colorado Natural Medicine Division (NMD) has finalized the rules for...more

Snell & Wilmer

Lexington Insurance Company v. Suquamish Tribe: A Landmark Case on Tribal Jurisdiction, Signifying a Pivotal Moment in Legal...

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The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more

Dorsey & Whitney LLP

ANC Shareholder Preferences Should Continue Despite Executive Order Revoking Affirmative Action and DEI Initiatives in Federal...

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Alaska Native Corporations have been legally permitted to preferentially hire their shareholders based on a 1992 amendment to a federal statute enacted in the Alaska Native Claims Settlement Act – Section 1626(g). In other...more

Akin Gump Strauss Hauer & Feld LLP

Federal Recognition of the Lumbee Tribe of North Carolina

Summary - Within 90 days of the Order, the Secretary of the Interior will submit a plan to the President to assist the Lumbee Tribe in obtaining full Federal recognition through legislation or other methods. The Lumbee tribe...more

DLA Piper

President Trump Executive Orders

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Below is a compilation of Executive Orders and Actions signed by President Donald Trump....more

Vicente LLP

Minnesota Draft Cannabis Rules Provide Clarity on Licensed Cannabis Business Operations

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The Minnesota Office of Cannabis Management (OCM) recently published a notice of intent to adopt expedited rules and opened a 30-day public comment period. ...more

Snell & Wilmer

Seven California Tribes Sue California Card Rooms Over Banking Mechanisms for Card Games

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Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more

Allen Matkins

California Environmental Law & Policy Update 12.6.24

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The U.S. Environmental Protection Agency (EPA) on Wednesday issued a new regulation preventing per- and polyfluoroalkyl substances, commonly known as PFAS, from being approved through low volume exemptions — abridged reviews...more

Husch Blackwell LLP

Creating Inclusive Work Environments for Native American and Indigenous Employees: Harmful Terminology to Keep Out of the Modern...

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In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and...more

Schwabe, Williamson & Wyatt PC

New Challenges to the Indian Child Welfare Act Could Mark A Turning ‎Point for Federal Indian Legislation

Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more

U.S. Equal Employment Opportunity Commission...

EEOC Partners With TEROs to Support Tribal Members’ Employee Rights

Agency Releases New Television and Radio Campaign to Address Tribal Employment Discrimination and Harassment - WASHINGTON – Partnering with Tribal Employment Rights Offices (TERO) directors from the Nez Perce Tribe and Lummi...more

Lippes Mathias LLP

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on...

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more

Holland & Knight LLP

Tribal GWE Proposed Regulations Are an Overdue Win for Indian Country

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The U.S. Department of the Treasury and IRS on Sept. 17, 2024, issued Proposed Regulations on the Tribal General Welfare Exclusion Act of 2014 (the Act). The Proposed Regulations are an overdue win for Indian country,...more

WilmerHale

World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional...

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Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in...more

Holland & Knight LLP

The (Uncertain) Application of the Corporate Transparency Act to Tribal Entities

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The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury (Treasury Department) charged with administering the Corporate Transparency Act (the CTA), on Aug. 1, 2024, held a Tribal...more

Seyfarth Shaw LLP

The Week in Weed: August 2024 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news comes from Ohio, where retail sales began on Tuesday. The Eastern Bank of Cherokee are...more

Troutman Pepper Locke

ATF Rift With California Tribe Could Expand State Authority Over Tribal Tobacco Sales

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In June, the Bureau of Alcohol, Tobacco and Firearms (ATF) argued in federal court that the federal Prevent All Cigarette Trafficking (PACT) Act requires tribal retailers to obtain state licenses to sell cigarettes on their...more

Troutman Pepper Locke

Eighth Circuit Decides Case Involving State’s Authority to Regulate Tribal Cigarette Sales

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On August 2, the U.S. Court of Appeals for the Eighth Circuit decided a case addressing Nebraska’s authority to require tribal cigarette manufacturers that are not parties to the Master Settlement Agreement (MSA) to comply...more

Holland & Knight LLP

SBA Notices Tribal Consultation in Advance of Proposed Rule Affecting HUBZone, 8(a) and Other Small Business Contracting Programs

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On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

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