Indigenous Peoples, Administrative Law

CFPB highlights collaboration with tribal governments

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/3/2013

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

by Ryan M. Shannon, Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 12/24/2012

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

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 12/14/2012

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

by Christopher P. Colyer, Craig R. McPike, Mark D. Ohre, Heidi McNeil Staudenmaier, James M. Susa, Joyce K. Wright | Snell & Wilmer L.L.P. on 12/10/2012

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

by Dentons on 11/8/2012

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

Droit Autochtone – Ententes récentes entre le gouvernement du Québec et les peuples autochtones

by Heenan Blaikie LLP on 11/1/2012

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

US iGaming expansion

by Snell & Wilmer L.L.P. on 10/1/2012

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

by Dickinson Wright on 10/1/2012

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

Aboriginal Law - Recent agreements between the Government of Quebec and Aboriginal People:

by Heenan Blaikie LLP on 9/21/2012

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

by Foley Hoag LLP - Corporate Social... on 9/10/2012

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

by Dickinson Wright on 7/27/2012

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

by Rosa Eckstein Schechter on 7/19/2012

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

by McAfee & Taft on 7/10/2012

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

by K&L Gates LLP on 7/9/2012

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

by Dentons on 7/9/2012

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.

by McAfee & Taft on 7/3/2012

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 Dickinson Wright on 7/2/2012

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

by Dickinson Wright on 6/22/2012

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

by Snell & Wilmer L.L.P. on 6/21/2012

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

Canada’s New Environmental Assessment and Aboriginal Consultation Regime: What Miners Need to Know

by Dentons on 6/20/2012

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

Native Americans Unhappy with IRS over Taxation

by Darrin Mish, Tampa Tax Attorney on 6/18/2012

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 continues to spark debate

by Ballard Spahr LLP on 6/6/2012

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

Internet Gaming and Indian Country: The Trends and the Strategies

by Pillsbury Winthrop Shaw Pittman LLP on 5/30/2012

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

Gaming Legal News - May 24, 2012 • Volume 5, Number 13

by Dickinson Wright on 5/25/2012

In this issue: - Graton’s Never-Ending Battle To Develop Gaming The Graton Rancheria was federally recognized as an Indian tribe on December 27, 2000, by an Act of Congress. The Tribe has been continuously pursuing...more

McAfee & Taft RegLINC - May 2012: U.S. Department of Labor publishes proposed tribal consultation policy By Christina Vaughn

by McAfee & Taft on 5/15/2012

The U.S. Department of Labor published its proposed tribal consultation policy in the Wednesday, April 18, 2012, Federal Register (77 Fed. Reg. 23283). This issuance of the proposed policy is in compliance with Executive...more

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Indigenous Peoples › Administrative Law