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Indigenous Peoples Updates

Read Indigenous Peoples Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Supreme Court - January 16, 2018

by Dorsey & Whitney LLP on

On Friday afternoon, the Supreme Court granted certiorari and agreed to hear arguments in twelve cases: Animal Science Products v. Hebei Welcome, No. 16-1220: Whether a court may exercise independent review of an appearing...more

Limitations Period Doesn't Apply to Tribal Claim for Mismanagement of Trust Funds - Court of Federal Claims Ruling May Expand...

by Holland & Knight LLP on

• A decision by the Court of Federal Claims has important implications for breach of trust claims involving tribal trust funds. • Most claims for mismanagement of tribal trust resources are limited to the six-year period...more

Gaming & Hospitality Legal News: Volume 11, Number 1: Indigenous Gaming Issues In Canada

by Dickinson Wright on

The current division of jurisdiction over gaming in Canada came about as a result of a Federal-Provincial Agreement that was entered into in 1985, intended to address differences that had arisen between those governments...more

Legislation Exempting Tribes From The National Labor Relations Act Passes The House

by Varnum LLP on

The Tribal Labor Sovereignty Act (TLSA) passed the House of Representatives in the afternoon on January 10, 2018, with a 239-173 vote. The TLSA, if it becomes law, will exclude "any Indian tribe, or any enterprise or...more

As Legislation Stalls, Tribes Remain Under National Labor Relations Act: What Should Tribal Employers Do Next?

by Varnum LLP on

Despite hopeful signs in early 2017, a proposed federal law to exempt Indian tribes and tribal employers from the National Labor Relations Act (NLRA) has failed to progress beyond the most introductory legislative stages as...more

The PTAB Strikes Back -- Issues Order Prohibiting St. Regis Mohawk Tribe from Filing Any Additional Papers in IPR

As previously reported, the St. Regis Mohawk Tribe filed a request for oral hearing that included a "request for discovery into the identity and impartiality of the merits panel assigned to this case." The paper was replete...more

DOI's Royalty Policy Committee Could Bring Trust Reform

In the summer of 2015, I stood along a rural highway in Caddo County, Oklahoma, with a young Kiowa allottee. He showed me the allotment that had been in his family for generations — ever since Congress, with the endorsement...more

Skeptical St. Regis Mohawk Tribe Requests Discovery Regarding Panel Selection Circumstances

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of...more

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

by Pepper Hamilton LLP on

A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more

Expanded PTAB Panel Finds Sovereign Immunity Waived By Patent Enforcement

by Foley & Lardner LLP on

In a case of first impression, an expanded PTAB panel (including Chief APJ Ruschke) found that a parallel enforcement action by a patent owner waives its sovereign immunity defense against under the 11th Amendment an AIA...more

Issue Ten: PTAB Trial Tracker

by Goodwin on

Board Curtails Use of Sovereign Immunity Defense to Avoid IPR - In Ericsson, Inc. v. Regents of the University of Minnesota, an expanded panel denied Patent Owner Regents of the University of Minnesota’s motions to dismiss...more

DOI Identifies Burdens to Energy Development on US Tribal Land

by Latham & Watkins LLP on

Stakeholders interested in energy development on US tribal lands will welcome recent Department of Interior (DOI) efforts that identify a key burden to energy development on these lands — as well as the Bureau of Indian...more

PTAB Decides Patent Infringement Lawsuit Waives Eleventh Amendment Sovereign Immunity to Inter Partes Review

The Patent Trial and Appeal Board was seemingly sufficiently vexed over the question of whether the St. Mohawk Indian Tribe was entitled to have the Board dismiss, on grounds of sovereign immunity, inter partes reviews on...more

New Energy Legislation Introduces Tribal Opportunities

by Hogan Lovells on

Historical development on new tribal energy legislation in Congress that will empower tribes to approve rights-of-way, leases, and business agreements with private industry for mineral development on tribal lands. Please...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Canada Supports UNDRIP Implementation Bill

by Bennett Jones LLP on

On November 20, 2017, the federal government announced that it will support Private Member’s Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-232, An Act to ensure that the laws of...more

Yukon Must Follow Land Use Planning Process from Umbrella Final Agreement, SCC Rules

On December 1, 2017, in First Nations of Nacho Nyak Dun v. Yukon (Nacho Nyak Dun), the Supreme Court of Canada (SCC) overturned a Yukon government decision to open the Peel watershed for development and significantly modify...more

Cobell Buy-Back Must Advance Indian Country Interests

On Dec. 14, 2010, President Barack Obama signed the Claims Resolution Act of 2010, which, among other things, settled Cobell v. Salazar for a total of $3.4 billion after 14 years of intense litigation. Of that amount, $1.5...more

All Eyes On The Supreme Court: The Battle For Widespread Legalized Sports Wagering In America To Have Its Day In Court

by Dickinson Wright on

The biggest legal showdown in a long time on a question of gaming policy is about to come before the United States Supreme Court. At stake is the ability of the states to tap into a legalized sports betting market that could...more

U.S. Supreme Court Rejects Race-Based Challenge to ICWA

by Varnum LLP on

The Indian Child Welfare Act of 1978 (ICWA) was enacted to address the high rates of Indian children being separated from their Indian families and Indian communities. The stated intent of Congress under ICWA was to “protect...more

SCOTUS Asked To Hear Tribal Land Condemnation Case

by Fox Rothschild LLP on

A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The...more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Department of Transportation Forms Pilot Program to Integrate UAS into National Airspace

by Stinson Leonard Street on

The Department of Transportation (DOT), in consultation with the Federal Aviation Administration, has announced details of the UAS Integration Pilot Program, a new program focused on developing and advancing new technologies,...more

UAS Integration Pilot Program: Notice of Intent Deadlines for Lead Applicant, Interested Parties Quickly Approaching

by LeClairRyan on

The White House recently announced the Unmanned Aircraft Systems (UAS) Integration Pilot Program, permitting state and local governments to partner with private entities to conduct cutting edge work associated with extending...more

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