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
Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to...more
On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...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 Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major...more
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
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
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
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
The Supreme Court of the United States issued four decisions today: Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...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
The Biden Administration recently held a Tribal Nations Summit in Washington, D.C. At the Summit, the Administration announced a number of new actions, in particular, new initiatives relating to Tribal consultation. The...more
Key Takeaways - • What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing...more
Yesterday, EPA announced a proposed rule that would revise the agency’s regulations to include a requirement that water quality standards protect reserved tribal treaty rights. This proposal is a major milestone for the...more
Tribal nations face unique opportunities and challenges in regulating their employment relationships. In addition to maintaining government workforces like their counterparts in the federal and state systems, they employ...more
In a recent span of thirty days, the U.S. Department of Interior (DOI) and the Biden Administration announced no fewer than seven key policy proposals with the potential to greatly benefit tribes, tribal organizations and...more
The U.S. Department of Agriculture (USDA) on April 14, 2022, released its Equity Action Plan (Plan) to the public. The Plan displays a shift in policy and perspective that is endorsed by the USDA Secretary, which is...more
Entering the Modern-Era of Indigenous Consultation: From Modern Treaties to Modern Tech - The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference will be taking place virtually on November 22, 23 &...more
Le 29 juin 2021, la Cour suprême de la Colombie-Britannique (la « Cour ») a rendu publique sa décision attendue depuis longtemps dans l’affaire Yahey v. British Columbia (l’« affaire Yahey »). Après un procès de 160 jours,...more
On June 29, 2021, the British Columbia (B.C.) Supreme Court (Court) released its long-awaited decision in Yahey v. British Columbia (Yahey). After 160 days of trial and thousands of pages of evidence, the Court determined...more
A unique forum designed to create dialogue on sustainable project development in order to prepare for climate change and a rapidly evolving global dynamic. ACI’s sister company, CI Energy Group’s Cumulative Effects...more
On Monday, May 20 — for the second time during the 2018-2019 term — Justice Neil M. Gorsuch joined the four U.S. Supreme Court Democratic-appointed justices in a 5-4 decision, authored by Justice Sonia Sotomayor, to support...more
On May 20, 2019, the Supreme Court of the United States decided Herrera v. Wyoming, No. 17-532, holding that hunting rights in modern-day Montana and Wyoming that the Crow Tribe of Indians acquired under its 1868 treaty with...more