Administrative Agency Indigenous Peoples

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Ontario Superior Court Upholds Consultation

Wabauskang First Nation v. Minister of Northern Development and Mines et al., 2014 ONSC 4424 (Decision) involved a decision of the Director of Mine Rehabilitation (Director) to acknowledge a Production Closure Plan (PCP)...more

Provincial Jurisdiction Confirmed Regarding Treaty Rights – Supreme Court of Canada’s Keewatin Decision

In Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48 (Decision), also known as the Keewatin Decision, the Supreme Court of Canada (SCC) confirmed that provinces have the power to take up treaty lands for...more

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in...more

Pojoaque’s Plan to Seek an Imposed Contract: Is Interior’s Process Consistent with IGRA?

The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe. However, the Pueblo objected to the financial concessions being demanded...more

Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

Office of Management and Budget Releases New “Omni-Circular” Uniform Administrative Requirements, Cost Principles, and Audit...

On December 26, 2013, the Office of Management and Budget (“OMB”) released a comprehensive guidance that makes changes to the fragmented existing guidance on Administrative Requirements, Cost Principles, and Audit...more

Administrative Law Judge Rules Camera-Equipped Model Airplanes Are Cleared for Take-Off

A ruling by an administrative law judge punches a hole through the FAA's ban on the unlicensed use of commercial drones. The decision may be significant for ongoing discussions in Congress and in Indian Country about drone...more

Bureau of Indian Affairs Finalizes Changes to Land-Into-Trust Procedures in Light of Patchak

In response to last year’s United States Supreme Court case of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”), the Bureau of Indian Affairs (“BIA”) issued a final rule on...more

CFPB highlights collaboration with tribal governments

A recent CFPB blog post warning Native Americans receiving payments from the settlement in Cobell v. Salazar that they could be targeted by scammers also highlights the CFPB’s collaboration with tribal governments....more

Gaming Legal News - December 20, 2012 • Volume 5, Number 28

In This Issue: - Indian Gaming Issues To Watch In 2013 - Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole? - Detroit Casinos’ November Revenues Decrease From Save Month Last Year: Michigan...more

Renewable Energy Update -- December 10, 2012

In This Issue: Renewable Energy Focus - California lawmakers make plans to spend $2.5 billion in new energy funds; DOE unveils new procurement policy for renewable energy development on tribal lands; California's sprint...more

The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands

New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands....more

Focus on Mining: The New Fisheries Act: What Miners Need To Know

The repeal and enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal legislation is the most significant change in federal environmental assessment (EA) since the legislation was...more

US iGaming expansion

Originally published in World Online Gambling Law Report - September 2012. IGaming Update - More than twenty five years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality...more

Gaming Legal News - September 27, 2012 • Volume 5, Number 20

In This Issue: - AT LONG LAST, TRIBAL i-GAMING IS ON! (WELL, SORT OF….) by Dennis J. Whittlesey: Over the past several years, a major topic of discussion at virtually every gaming conference in the United States...more

The Revised Equator Principles Call on Companies to Seek Free, Prior, and Informed Consent. Next up: Governments?

The new draft Equator Principles reflect and build upon the IFC Performance Standards’ requirement that companies obtain the free, prior, and informed consent ("FPIC") of indigenous peoples for development projects. This...more

Gaming Legal News - July 25, 2012 • Volume 5, Number 18

In This Issue: - THE CARCIERI CHALLENGE: PROVING “UNDER FEDERAL JURISDICTION [AS OF 1934]” by Dennis J. Whittlesey: The June 18 Supreme Court ruling in Match-E-Be-Nash-She-Wish Band (“Gun Lake Band”) v. Patchak...more

Judge Gold Issues Another Historic Everglades Order This Week: EPA Proposal Moves Forward

United States District Judge Alan Gold makes news this month (again) with another Everglades Order: you'll recall that he issued a pretty big ruling last fall with his decision to put the federal government and not the State...more

McAfee & Taft RegLINC - July 2012: BLM issues proposed regulations concerning hydraulic fracturing by Jessica John Bowman

The Bureau of Land Management has proposed a rule intended to regulate the use of hydraulic fracturing on the 756 million subsurface acres of federal and Indian mineral estate overseen by the BLM. The proposed rule, which...more

Supreme Court decides Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

On June 18, 2012, the United States Supreme Court issued its decision in Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, permitting an individual who owns land near a tribal casino in Michigan to challenge...more

A New Paradigm for Aboriginal Consultation in Ontario: What Miners Need to Know

The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”)...more

McAfee & Taft RegLINC - July 2012: Two federal agencies issue draft rules on fracking By Jared Burden.

After several years of anticipation, the federal government has finally entered into one of the most contentious debates in recent environmental history – hydraulic fracturing. In this process, sometimes called “fracking,”...more

Gaming Legal News - June 29 2012 • Volume 5, Number 16: The Gun Lake Decision: What Does It Mean For Indian Gaming?

By this time, everyone with an interest in gaming, is aware of last week’s U.S. Supreme Court decision rendered in the case of Match-EBe-Nash-She-Wish Band of Pottawatomi Indians v. Patchak. The Tribe is commonly known as the...more

Gaming Legal News - June 21, 2012 • Volume 5, Number 15

In This Issue: - BREAKING NEWS! BREAKING NEWS! Supreme Court Allows Challenge to Gun Lake Tribal Casino to Proceed Forward: On Monday, June 18, 2012, the U.S. Supreme Court issued its opinion in the closely watched...more

Supreme Court Decision May Make it Easier to Challenge IRA Land-Into-Trust Acquisitions

On Monday, June 18, 2012, the U.S. Supreme Court issued its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S. ___ (2012), which could dramatically impact the tribal land-into-trust...more

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