News & Analysis as of

Indigenous Peoples International Trade

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

The Supreme Court - October 18, 2021

Dorsey & Whitney LLP on

Ysleta del Sur Pueblo v. Texas, No. 20-493: Whether the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act provides the Ysleta del Sur Pueblo with sovereign authority to regulate non-prohibited...more

Sheppard Mullin Richter & Hampton LLP

NIGC Issues New Guidance on Financing Document Reviews and Declination Letters

The National Indian Gaming Commission (“NIGC”) issued guidance this week for tribes and tribal lenders who submit loan documents to the NIGC for a so-called “declination letter.” Bulletin No. 2021-4, “Submission of Loan...more

Crowe & Dunlevy

Gavel to Gavel: McGirt and Energy Regulation – Where Do Things stand?

Crowe & Dunlevy on

Chief Justice John Roberts began his dissent in McGirt v. Oklahoma with a valid concern for destabilization of governance in much of Oklahoma. The majority’s holding, he warned, “creates significant uncertainty for the...more

White and Williams LLP

Three California Ballot Initiatives Seek Legalization of Sports Betting in 2022

White and Williams LLP on

As more states take steps to legalize sports betting, all eyes are on the nation’s most heavily populated state — California. Unlike many of the states where sports betting is – or will soon be – legal, California’s...more

Holland & Hart LLP

Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

Holland & Hart LLP on

On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: PowerPoints and Payday Loans

This week, the Court revives an ERISA claim and compels arbitration of a dispute over tribal internet payday loans. WARMENHOVEN v. NETAPP, INC. The Court holds that PowerPoint presentations did not constitute plan...more

White and Williams LLP

US Department of Interior Approves Connecticut’s Expanded Gaming Compacts

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On Thursday, September 9, 2021, the U.S. Department of the Interior approved Connecticut’s amended state-tribal gaming compacts with the Mohegan and Mashantucket-Pequot Tribes, bringing Connecticut another step closer to an...more

Crowe & Dunlevy

Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling

Crowe & Dunlevy on

Since our last discussion over the heavily debated decision in McGirt v. Oklahoma, new challenges to state and federal jurisdiction regarding both criminal and civil matters have arisen. Indian Law & Gaming Practice Group...more

Bennett Jones LLP

Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult

Bennett Jones LLP on

Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three...more

White and Williams LLP

US Department of Interior’s Decision on Florida Sports Betting Compact Likely to Inspire Future Gaming Expansion If It Survives...

White and Williams LLP on

As we reported previously, the U.S. Department of the Interior (Department) issued a letter on August 6, indicating it had declined to take action regarding Florida’s state-tribal gaming compact (the Compact) within the...more

Perkins Coie

FAST-41 Environmental Review and Permitting Process Changes in the Senate Infrastructure Bill

Perkins Coie on

Title VIII of the Infrastructure Investment and Jobs Act (H.R. 3684), the infrastructure bill recently passed by the U.S. Senate, includes several important amendments to Title 41 of the Fixing America’s Surface...more

Troutman Pepper

Ninth Circuit Holds that Inter-Tribal Cigarette Sales are Subject to State Tobacco Laws

Troutman Pepper on

California’s cigarette tax and escrow requirements apply to inter-tribal sales of cigarettes, held the U.S. Court of Appeals for the 9th Circuit in Big Sandy Rancheria Enterprises v. Bonta. Big Sandy Rancheria Enterprises...more

White and Williams LLP

Florida State-Tribal Gaming Compact Receives Tacit Approval from US Department of Interior, Moving State Closer to Sports Betting...

White and Williams LLP on

On Friday, August 6, 2021, the U.S. Department of the Interior (the Department) issued a letter indicating it has declined to take action regarding Florida’s state-tribal gaming compact (the Compact) within the 45-day window...more

White and Williams LLP

Arizona Submits Final Sports Betting Regulations, Releases Timeline for September 9 Launch

White and Williams LLP on

On July 26, 2021, the Arizona Department of Gaming (the Department) submitted its final sports betting regulations to the Secretary of State’s Office and released a definitive timeline for Arizona’s retail and online sports...more

Brownstein Hyatt Farber Schreck

Summary of Energy, Environment, and Tribal Provisions Included in Bipartisan Infrastructure Package

Earlier this week the Senate began consideration of the bipartisan infrastructure bill. Energy and environment, water and tribal provisions included in the bipartisan package are outlined below. This week, the Senate...more

Harris Beach PLLC

Gaming Commission Issues Request for Applications of Web-Based Betting Providers

Harris Beach PLLC on

After an unexpected delay, the New York State Gaming Commission recently issued a Request for Applications (“RFA”) to begin the competitive application process through which the Commission will select two or more platform...more

White and Williams LLP

Washington Reaches Deal with 15 Tribes for On-Site Sports Betting

White and Williams LLP on

On July 12, 2021, Washington Governor Jay Inslee approved amended state-tribal gaming compacts with 15 of the state’s Indian Tribes that would allow the Tribes to offer retail and online sports betting on the premises of...more

Blake, Cassels & Graydon LLP

CSC : Obligation fiduciaire de la Couronne et indemnisation des terres inondées d’une réserve autochtone

Le 16 juillet 2021, dans l’arrêt Southwind c. Canada, 2021 CSC 28 (l’« arrêt Southwind »), la Cour suprême du Canada (la « CSC ») a conclu que le montant de 30 M$ CA accordé à la Lac Seul First Nation (la « LSFN ») par la...more

Perkins Coie

Sovereign Immunity Barred Quiet Title Suit Against Indian Tribe

Perkins Coie on

The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. Self v. Cher-Ae Heights Indian Community, 60...more

Blake, Cassels & Graydon LLP

SCC Rules that Crown’s Fiduciary Duty is Central in Assessing Compensation for Flooded Indigenous Reserve Land

On July 16, 2021, in the case of Southwind v Canada, 2021 SCC 28 (Southwind), the Supreme Court of Canada (the Court) ruled that the C$30-million awarded to Lac Seul First Nation (LSFN) by the Federal Court was insufficient...more

Allen Matkins

Pandemic-Related Suspension of CEQA Noticing, Posting, Filing, and Tribal Consultation Requirements and Brown Act Meeting...

Allen Matkins on

On September 30, 2021, certain COVID-related suspensions of filing, noticing, and posting deadlines and tribal consultation timelines mandated by the California Environmental Quality Act (CEQA) and CEQA Guidelines and certain...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

Opportune LLP on

Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Snell & Wilmer

Alaska Native Corporations Are Considered Indian Tribes Under the Indian Self-Determination and Education Assistance Act

Snell & Wilmer on

On June 25, in a 6-3 decision, the Supreme Court held that Alaska Native Corporations (“ANCs”), are entitled to COVID-19 relief funds; solidifying that ANCs qualify as tribes. The ruling in Yellen v. Confederated Tribes of...more

Blake, Cassels & Graydon LLP

La Cour suprême de la C.-B. déclare que les effets cumulatifs du développement industriel enfreignen

Le 29 juin 2021, la Cour suprême de la Colombie-Britannique (la « Cour ») a rendu publique sa décision attendue depuis longtemps dans l’affaire Yahey v. British Columbia (l’« affaire Yahey »). Après un procès de 160 jours,...more

Crowe & Dunlevy

The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma

Crowe & Dunlevy on

On July 9, 2020, the U.S. Supreme Court ruled that the Muscogee (Creek) Nation reservation had never been disestablished, creating a jurisdictional shift in criminal law matters and leaving many unanswered questions regarding...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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