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Tribal Lands Supreme Court of the United States

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral...

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B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...more

Brownstein Hyatt Farber Schreck

SCOTUS Denies Stay Extension on Seminole Tribe's Sports Betting Plan in Florida

On Oct. 25, 2023, the U.S. Supreme Court denied a request to extend the stay ordered in West Flagler Associates, Ltd. v. Haaland. It is unclear if any justice supported the request to extend the stay. This means that West...more

Brownstein Hyatt Farber Schreck

Seminole Tribe Sports Betting Plans Slowed by SCOTUS Ruling

On Oct. 12, 2023, the U.S. Supreme Court ordered a stay on the District of Columbia Circuit’s ruling in West Flagler Associates, Ltd. v. Haaland. This stay will prevent, for now, the Seminole Tribe of Florida from accepting...more

Schwabe, Williamson & Wyatt PC

Supreme Court Delivers Landmark Decision on Navajo Water Rights and Trust Obligations

On June 22, 2023, the United States Supreme Court handed down its third decision regarding federal Indian law this term. In a 5-4 decision, the Court held that the Navajo Treaty of 1868 does not require the United States to...more

Procopio, Cory, Hargreaves & Savitch LLP

Latest U.S. Supreme Court Decision a Setback for Native Tribes and Their Rights

In a highly unwelcome decision for Native tribes relying on treaties with the U.S. government, the U.S. Supreme Court held recently that the government’s general trust obligation to Navajo Nation does not require the federal...more

Beveridge & Diamond PC

U.S. Supreme Court Declines to Expand the Reserved Water Right

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On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more

Stoel Rives LLP

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

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On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The...more

Allen Matkins

California Environmental Law & Policy Update - 6.23.23

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3M announced on Thursday that it has reached a $10.3 billion settlement with many U.S. public water systems to resolve water pollution claims tied to per- and polyfluoroalkyl substances, commonly known as “PFAS.”...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Arizona v. Navajo Nation

On June 22, 2023, the U.S. Supreme Court decided Arizona v. Navajo Nation, No. 21-1484, holding that the federal government is not obligated to affirmatively secure access to water for the Navajo Nation....more

Epstein Becker & Green

Court Rules Against Navajo Water Rights, Statutory Habeas Corpus – SCOTUS Today

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With four decisions yesterday, the Court has now cut its backlog down to the mid-teens. And with decisions likely today as well, the Court is well on its way to clearing the docket as the term ends....more

Snell & Wilmer

Supreme Court Holds State Has Concurrent Criminal Jurisdiction Over Non-Indians in Indian Country

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In a 5-4 decision, the United States Supreme Court ruled in Oklahoma v. Castro-Huerta, on June 29, that the Federal Government and the State have concurrent jurisdiction to prosecute non-Indians who commit crimes against...more

Brownstein Hyatt Farber Schreck

An ‘Ahistorical and Mistaken Statement of Indian Law’

U.S. SUPREME COURT RULING DEALS BLOW TO TRIBAL SOVEREIGNTY - In stunning disregard of over 200 years of precedent (dating back to the 1823 landmark case Worcester v. Georgia), on June 29, 2022, via Oklahoma v....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Oklahoma v. Castro-Huerta

On June 29, 2022, the U.S. Supreme Court decided Oklahoma v. Castro-Huerta, No. 21-429, holding that the State of Oklahoma has concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2022

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Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more

Snell & Wilmer

Crimes Committed on Tribal Land May Be Subjected to Being Prosecuted Twice

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In a 6-3 decision, the United States Supreme Court ruled that a Native American defendant who was previously prosecuted in a special federal administrative tribal court can be charged in a federal court for the same incident...more

Dorsey & Whitney LLP

The Supreme Court - June 15, 2022

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Viking River Cruises, Inc. v. Moriana, No. 20-1573: This case involves the Federal Arbitration Act’s (FAA) preemption of a California law invalidating contractual waivers of the right to assert certain representative claims....more

Snell & Wilmer

Arizona Supreme Court Confronts Applicability of State Ad Valorem Tax on Tribal Land

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On April 26, 2022, the Arizona Supreme Court issued a significant unanimous decision addressing the applicability of a state ad valorem property tax on a power plant located on Indian land. The Arizona Supreme Court held that...more

Dorsey & Whitney LLP

The Supreme Court - January 21, 2022

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Oklahoma v. Victor Manuel Castro-Huerta, No. 21-429: This case presents the following question: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.”...more

Dorsey & Whitney LLP

The Supreme Court - October 18, 2021

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Ysleta del Sur Pueblo v. Texas, No. 20-493: Whether the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act provides the Ysleta del Sur Pueblo with sovereign authority to regulate non-prohibited...more

Snell & Wilmer

U.S. Supreme Court Issues Unanimous Decision Supporting Tribal Sovereignty Rights

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On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Cooley

On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public...more

Kilpatrick

Unanimous Supreme Court Confirms and Expands Tribal Government Powers

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The United States Supreme Court held unanimously in United States v. Cooley, 593 U.S. ___ (2021), that Indian tribes possess inherent authority to detain temporarily and to search non-Indian persons traveling on public...more

Hicks Johnson

McGirt Update: Tax, Environmental, and Energy Implications

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Three months on from the Supreme Court’s decision in McGirt v. Oklahoma, the fallout is becoming increasingly clear in Oklahoma. On July 9, 2020, the Supreme Court issued its opinion in McGirt, ruling that most of the eastern...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does McGirt Cede Oklahoma Waters to Native American Tribes?

On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that...more

K&L Gates LLP

Indian Land Then, Remains Indian Land Now: The Supreme Court Confirms That a Significant Portion of Eastern Oklahoma Is a Native...

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On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern Oklahoma reserved for the Creek Nation pursuant to a treaty ratified by Congress...more

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