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Indigenous Peoples Civil Procedure

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

Estado Colombiano establece funciones legales de los territorios indígenas mediante Decreto 488

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El Ministerio del Interior de Colombia, el 5 de mayo de 2025, expidió el Decreto 488 de 2025, por medio del cual dictó el funcionamiento de las competencias legales de los territorios indígenas y estableció las condiciones...more

Snell & Wilmer

California Challenges Interior’s Trust Acquisition for Koi Nation Casino

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Earlier this month, the State of California (the State) and Governor Gavin Newsom filed a complaint in the U.S. District Court for the Northern District of California seeking to vacate the Department of the Interior’s (the...more

Schwabe, Williamson & Wyatt PC

Anchorage Hosts SBA Tribal Meeting to Discuss 8(a) Program Efficiency

On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following: 1. How the 8(a)...more

Ballard Spahr LLP

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

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In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Snell & Wilmer

Morongo Band v. California: Reexamining Impermissible Compact Provisions

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California has become a battlefield for state versus tribal governance. As of May 6, 2025, the Morongo Band of Mission Indians (Morongo Band), a federally recognized Indian Tribe located in the State of California, filed suit...more

Harris Beach Murtha PLLC

Minnesota Tribal Land Ruling Undercuts Cannabis Sovereignty

In a pivotal decision with significant implications for tribal sovereignty and cannabis regulation, a Minnesota judge recently ruled the state may criminally prosecute tribal members for cannabis-related offenses occurring on...more

Jenner & Block

Amicus Brief Filed on Behalf of the Fort Mojave Indian Tribe Urging SCOTUS to Protect Tribal Sovereignty

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Jenner & Block filed an amicus brief before the Supreme Court of the United States on behalf of the Fort Mojave Indian Tribe in South Point Energy Center LLC v. Arizona Department of Revenue. The brief calls on the Court to...more

Schwabe, Williamson & Wyatt PC

U.S. Dept. of the Interior Announces Tribal Consultations

On April 14, 2025, the United States Department of the Interior announced a series of Tribal Consultations. The purpose of the consultations is to address the new administration’s goal of “working to enhance government...more

Snell & Wilmer

Alaska’s Legal Challenge to Tribal Gaming

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The State of Alaska (the “State” or “Alaska”) is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the State challenges federal authorization for the facility. The State...more

Snell & Wilmer

Two More Tribes Enter Suit Over California Card Rooms’ Banked Games

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“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

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On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Foley & Lardner LLP

New Mexico Becomes Third State in the U.S. to Legalize Access to Psilocybin

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On April 7, 2025, New Mexico Governor Michelle Lujan Grisham signed into law SB-219, the Medical Psilocybin Act (the Act), making New Mexico the third state in the country to create a legal pathway for patients to access...more

Holland & Knight LLP

Interim Final Rule Clarifies Tribal Entities Not Subject to Corporate Transparency Act

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The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury charged with administering the Corporate Transparency Act (CTA), issued an interim final rule on March 21, 2025, that exempts...more

Best Best & Krieger LLP

Well-Informed Start to 2025: BBK’s Guidance for New Laws in California – Housing Part Five

In part five of the Housing New Law series from Best Best & Krieger LLP (BBK), important new housing legislation for 2025 related to tribal housing, housing authorities and other bills impacting city housing programs. Below...more

Schwabe, Williamson & Wyatt PC

Trump Administration Rescinds Biden-Era Executive Order Designed to Ensure Tribal Access to Federal Funding

On March 14, the Trump administration issued an Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions,” which rescinded 18 previous executive orders and other presidential actions, on topics...more

Holland & Knight LLP

Department of Energy Funding Update

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The U.S. Department of Energy (DOE) on March 24, 2025, reissued its $900 million solicitation for small modular nuclear reactors (Generation III+ Small Modular Reactor Pathway to Deployment, DE-FOA-0003485) using funds from...more

Goldberg Segalla

Is Environmental Activism Litigation in Trouble?

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In a landmark decision, a North Dakota jury has ordered Greenpeace to pay over $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline (DAPL). This verdict stems from Greenpeace’s involvement...more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

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The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

Holland & Knight LLP

EPA Announces Deregulatory Initiative to "Power the Great American Comeback"

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U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more

Miller Starr Regalia

First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources...

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In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting...more

Meyers Nave

Court of Appeal Publishes First Opinion Addressing Assembly Bill 52, Concluding City Failed to Meaningfully Consult with Tribe

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Assembly Bill 52 (AB 52) requires public agencies to consult with tribes during the California Environmental Quality Act (CEQA) process. On March 14, 2025, in Koi Nation of Northern California v. City of Clearlake, the First...more

WilmerHale

United States Patent and Trademark Office Calls for Tribal Comments on the World Intellectual Property Organization Treaty on...

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On January 17, 2025, the United States Patent and Trademark Office (“USPTO”) published a request for written comments on a recently adopted treaty....more

Akin Gump Strauss Hauer & Feld LLP

Honoring Jocelyn Nungaray (Trump EO Tracker)

The “Anahuac National Wildlife Refuge” will be renamed as the “Jocelyn Nungaray National Wildlife Refuge” to honor Jocelyn Nungaray, whose life was tragically cut short on June 17, 2024, when she was brutally murdered in...more

Vicente LLP

Understanding ESG Requirements for Licensing Colorado Natural Medicine Businesses

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Aspiring psychedelic business licensees in Colorado now have clarification on the ESG criteria required for natural medicine license applications, as the Colorado Natural Medicine Division (NMD) has finalized the rules for...more

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