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
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
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
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
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
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
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
Septembre 2012 — Une entente importante a été signée au cours de l’été entre le Gouvernement du Québec et les Cris relativement à la gouvernance du territoire de la Baie-James.
ENTENTE SUR LA GOUVERNANCE DU TERRITOIRE...more
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
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
September 2012 — An important agreement between the Government of Quebec and the Crees was signed over the course of the summer regarding the governance of the James Bay Territory.
AGREEMENT ON GOVERNANCE IN THE EEYOU...more
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
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
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
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
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
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
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
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
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
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
The federal government has proposed a complete overhaul of federal environmental assessment in Canada as part of the federal budget. The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and...more
Certain segments of the Native American community are unhappy with the IRS because of the agency’s actions in imposing taxes on the tribal government’s assistance to them. The tribe has accused the IRS of encroaching on...more
Native American tribal payday lending is on the radar screens of the CFPB and the FTC, as reflected in recent comments from CFPB Director Richard Cordray and FTC Commissioner Julie Brill. More specifically, the agencies have...more
Excerpts of chapter that first appeared in Inside the Minds: Emerging Issues in Tribal-State Relations (2012 Edition) published by Aspatore Books. Excerpts reprinted with permission.
For most of the twentieth century,...more
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