Indigenous Peoples Zoning, Planning & Land Use Constitutional Law

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Implications of the Supreme Court Decision on Aboriginal Title

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more

Indian Country Awaits 9th Circuit’s En Banc Rehearing in Big Lagoon Case

In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon...more

Tsilhqot’in Decision: The Sky Is Not Falling

Despite the significant media attention that the recent Supreme Court of Canada (SCC) decision in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (Decision) has received, it represents a reiteration of established law...more

Supreme Court Decision on Aboriginal Title Raises Questions for Resource Development

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant...more

Recent Supreme Court Decision Bars State from Suing Tribe Seeking to Operate an Illegal Off-Reservation Casino

On May 27, 2014, the Supreme Court ruled that under the Indian Gaming Regulatory Act (IGRA), states may only sue to enjoin a tribe from conducting class III gaming “on Indian lands.” Michigan v. Bay Mills Indian Cmty., 2014...more

British Columbia’s Supreme Court Considers the Duty to Consult in the Context of an Environmental Review Process

On April 3, 2014 the British Columbia Supreme Court released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 568. The case concerned an application for judicial...more

Obstructive Conduct by Aboriginal Groups May be Regulated by Municipal By-Laws

The decision of the Ontario Court of Appeal in Detlor v. Brantford (City) helpfully addresses the intersection between municipal jurisdiction and constitutional law. In upholding the power of municipalities to pass by-laws...more

Gaming Legal News - June 26, 2013 • Volume 6, Number 14

In This Issue: - TRIBAL MEMBERSHIP REVOCATIONS: DIALING FOR DOLLARS? Over the past several years, there have been a series of publicized tribal enrollment revocations of enrolled members – including former...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Rohnert Park Approves Use of Eminent Domain for Street Widening

According to an article in the Press Democrat, Rohnert Park OKs eminent domain at site of future hotel, restaurant, the Rohnert Park City Council recently adopted a resolution of necessity authorizing the use of eminent...more

Federal Court Extends Federal Jurisdiction to Métis and Non-Status Indians: No Impact to Resource Developers

A recent Federal Court decision clarifies and extends federal jurisdiction to Métis and non-status Indians. This ruling is significant because there could be broad financial and policy implications for the federal government....more

Alberta Court of Appeal Decides Panel Not Required to Determine Adequacy of Crown’s Aboriginal Consultation

On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more

Life After Patchak: What Does It Mean For Tribal Gaming in California?

Originally published in Riverside Lawyer, October 2012. The tribal gaming industry received a blow from the United States Supreme Court right before the high court ended its session for the summer. Whether the blow is...more

Marzulla Law Legal Report - June 23, 2011

In This Issue: Restoring Dignity to the Members of the Quapaw (O-Gah-Pah) Tribe of Oklahoma A Brief History For over four centuries the original inhabitants of the region where the Arkansas and Mississippi Rivers...more

President Aquino as Cotabato Water Hyacinth Remover

It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more

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