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Jurisdiction Tribal Lands

Snell & Wilmer

A New Solicitor Opinion Revisits Tribal Jurisdiction Over Alaska Native Allotments

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In the complex landscape of Indigenous rights and jurisdiction, the question of tribal authority over Alaska Native allotments has long been a subject of legal debate. The recent Opinion known as Partial Withdrawal of...more

Snell & Wilmer

New Mexico Tribal Courts Have Jurisdiction Over Casino Patron Tort Claims

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In a recent decision, the New Mexico Supreme Court ruled in the case of Sipp v. Buffalo Thunder Inc. that state courts do not have the authority to adjudicate tort claims filed by casino visitors. The unanimous decision...more

Latham & Watkins LLP

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

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A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. ...more

Brownstein Hyatt Farber Schreck

An ‘Ahistorical and Mistaken Statement of Indian Law’

U.S. SUPREME COURT RULING DEALS BLOW TO TRIBAL SOVEREIGNTY - In stunning disregard of over 200 years of precedent (dating back to the 1823 landmark case Worcester v. Georgia), on June 29, 2022, via Oklahoma v....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Oklahoma v. Castro-Huerta

On June 29, 2022, the U.S. Supreme Court decided Oklahoma v. Castro-Huerta, No. 21-429, holding that the State of Oklahoma has concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2022

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Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more

Dorsey & Whitney LLP

The Supreme Court - January 21, 2022

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Oklahoma v. Victor Manuel Castro-Huerta, No. 21-429: This case presents the following question: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.”...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Tribal Disputes and Interstate Mushrooms

This week, the Ninth Circuit explores the limits of federal subject matter jurisdiction over intratribal governing disputes and addresses the scope of the Federal Arbitration Act’s exception for workers engaged in “interstate...more

Kilpatrick

Unanimous Supreme Court Confirms and Expands Tribal Government Powers

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The United States Supreme Court held unanimously in United States v. Cooley, 593 U.S. ___ (2021), that Indian tribes possess inherent authority to detain temporarily and to search non-Indian persons traveling on public...more

K&L Gates LLP

Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone

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Building Relationships with Tribes and Operating on Reservation Lands: Lessons From FMC v. Shoshone - On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in FMC...more

Nelson Mullins Riley & Scarborough LLP

Major Cases to Know in Native American History

Many of the cases in Native American history that have made it to the nation’s high courts come down to a central tension that has existed since the first colonists set foot in the Americas: Who does the land belong to? And...more

Hicks Johnson

McGirt Update: Tax, Environmental, and Energy Implications

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Three months on from the Supreme Court’s decision in McGirt v. Oklahoma, the fallout is becoming increasingly clear in Oklahoma. On July 9, 2020, the Supreme Court issued its opinion in McGirt, ruling that most of the eastern...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/ National Historic Preservation Act: Federal Appellate Court Addresses Mootness Issue

The United States Court of Appeals for the Tenth Circuit (10th Circuit) addressed in an October 4th opinion a mootness issue associated with National Environmental Policy Act (“NEPA”) and National Historic Preservation Act...more

Snell & Wilmer

Indian Tribes Continue to Challenge the NLRB's Jurisdiction Over Casinos Located on Indian Lands

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Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB. In Casino Pauma, the 9th Cir. decided on April 26, 2018, that under the test...more

Dorsey & Whitney LLP

The Supreme Court - February 27, 2018

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Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784: Prior to filing for Chapter 11 Bankruptcy, Valley View Downs, which sought to operate a racetrack casino in Pennsylvania, transferred $55 million to its...more

Dorsey & Whitney LLP

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

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John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

Dickinson Wright

Is There a New War on Indian Country?

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Over the past week, two proposals have surfaced that could have profound impacts on Indian Country, and they likely would not be for the better. The first proposal surfaced on October 20 when a Utah congressman...more

Dickinson Wright

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

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Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

Littler

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

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The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

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