Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
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
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
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
A gambling compact between the state of Florida and the Seminole Tribe of Florida, which allows for sports betting off tribal lands, will remain in place after the U.S. Supreme Court denied a petition for review filed by...more
This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and...more
For our clients in Indian Country, the recent Executive Order is a welcome development as Tribal Nations plan and allocate funding to future projects. On Dec. 6, during the White House Tribal Nations Summit, President Biden...more
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
The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...more
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
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
On 4 October 2022, the Government of British Columbia released its policy guidance entitled Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim...more
In support of transitioning to clean energy and combating climate change, Congress enacted the Inflation Reduction Act (IRA) (Pub. L. 117-169) to extend, modify and enhance many existing tax incentives, create new tax...more
The United States recognizes nearly 600 tribes in more than 30 states and tribal sovereignty is protected in the U.S. Constitution, but local governments often lack a general knowledge of tribes’ culture and legal status. In...more
The White House released its National Strategy on Hunger, Nutrition, and Health on Sept. 27, 2022, ahead of the second-ever White House Conference on Hunger, Nutrition, and Health. Specifically, the 44-page paper calls on...more
This week: the Ninth Circuit elaborates on the Indian Gaming Regulation Act’s “two-step determination” regarding the effects of a new casino on tribal land and clarifies when a post-certification class action settlement...more
A law passed by Congress at the end of 2020 seeks to expand contracting opportunities under the Buy Indian Act (Act). Through the Indian Community Economic Enhancement Act of 2020, Congress amended the Act to expand the scope...more
The past several months have seen a number of new funding opportunities for the deployment, adoption and affordability of broadband services on tribal lands. This alert provides a quick update on these various opportunities....more
President Joe Biden issued a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships on Jan. 26, 2021, requiring each federal agency to develop a plan of action on how it proposes to engage in...more
Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin...more
Bob Ferguson, the attorney general of Washington, has released his 2021 legislative agenda. The requested legislation includes a bill that would self-impose notice requirements to Washington tribes before initiating a project...more
On December 3, 2020, Minister David Lametti, the federal Minister of Justice, introduced Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples. The Bill follows on the Liberal Party...more
Many of the cases in Native American history that have made it to the nation’s high courts come down to a central tension that has existed since the first colonists set foot in the Americas: Who does the land belong to? And...more
Background Details on 2.5 GHz Rural Tribal Window - The Federal Communications Commission (“FCC”) is presenting federally recognized Indian Tribes and Alaska Native Villages with a unique opportunity to directly access...more
The Washington Supreme Court’s latest insurance coverage case, Robbins, et al. v. Mason County Title Insurance Co., et al., Slip Op. 96726-1 (May 7, 2020), marks another expansion of insurers’ duty to defend in Washington....more
Tribal governments in rural areas, with a population of 50,000 or less, have until Aug. 3, 2020, to apply for a license from the Federal Communications Commission (FCC) to directly access unassigned spectrum over their lands....more