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Native American Issues Tribal Governments

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

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

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issued an Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions,” which rescinded 18 previous executive orders and other presidential actions, on topics...more

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

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

Snell & Wilmer

Lexington Insurance Company v. Suquamish Tribe: A Landmark Case on Tribal Jurisdiction, Signifying a Pivotal Moment in Legal...

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The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more

Akin Gump Strauss Hauer & Feld LLP

Federal Recognition of the Lumbee Tribe of North Carolina

Summary - Within 90 days of the Order, the Secretary of the Interior will submit a plan to the President to assist the Lumbee Tribe in obtaining full Federal recognition through legislation or other methods. The Lumbee tribe...more

DLA Piper

President Trump Executive Orders

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Below is a compilation of Executive Orders and Actions signed by President Donald Trump....more

Vicente LLP

Minnesota Draft Cannabis Rules Provide Clarity on Licensed Cannabis Business Operations

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The Minnesota Office of Cannabis Management (OCM) recently published a notice of intent to adopt expedited rules and opened a 30-day public comment period. ...more

Snell & Wilmer

Seven California Tribes Sue California Card Rooms Over Banking Mechanisms for Card Games

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Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more

Holland & Knight LLP

Tribal GWE Proposed Regulations Are an Overdue Win for Indian Country

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The U.S. Department of the Treasury and IRS on Sept. 17, 2024, issued Proposed Regulations on the Tribal General Welfare Exclusion Act of 2014 (the Act). The Proposed Regulations are an overdue win for Indian country,...more

Holland & Knight LLP

The (Uncertain) Application of the Corporate Transparency Act to Tribal Entities

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The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury (Treasury Department) charged with administering the Corporate Transparency Act (the CTA), on Aug. 1, 2024, held a Tribal...more

Seyfarth Shaw LLP

The Week in Weed: August 2024 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news comes from Ohio, where retail sales began on Tuesday. The Eastern Bank of Cherokee are...more

Troutman Pepper Locke

ATF Rift With California Tribe Could Expand State Authority Over Tribal Tobacco Sales

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In June, the Bureau of Alcohol, Tobacco and Firearms (ATF) argued in federal court that the federal Prevent All Cigarette Trafficking (PACT) Act requires tribal retailers to obtain state licenses to sell cigarettes on their...more

Troutman Pepper Locke

Eighth Circuit Decides Case Involving State’s Authority to Regulate Tribal Cigarette Sales

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On August 2, the U.S. Court of Appeals for the Eighth Circuit decided a case addressing Nebraska’s authority to require tribal cigarette manufacturers that are not parties to the Master Settlement Agreement (MSA) to comply...more

Holland & Knight LLP

SBA Notices Tribal Consultation in Advance of Proposed Rule Affecting HUBZone, 8(a) and Other Small Business Contracting Programs

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On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more

Seyfarth Shaw LLP

The Week in Weed: June 2024 #4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, North Carolina considers a medical marijuana bill. Pennsylvania makes noises about legalizing adult-use....more

Troutman Pepper Locke

Supreme Court Declines to Hear Challenge to Florida’s Gaming Compact – Solidifying States’ Rights to Regulate Gaming Outside...

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A gambling compact between the state of Florida and the Seminole Tribe of Florida, which allows for sports betting off tribal lands, will remain in place after the U.S. Supreme Court denied a petition for review filed by...more

Dorsey & Whitney LLP

Tribes Win Healthcare Contract Support Costs at Supreme Court

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On June 6, 2024, the Supreme Court issued its decision in the consolidated cases of Becerra v. San Carlos Apache Tribe (No. 23-250) and Becerra v. Northern Arapaho Tribe (No. 23-253)....more

WilmerHale

In Narrow Victory for Tribal Nations, US Supreme Court Requires Federal Government to Reimburse Tribal Nations for Healthcare...

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On June 6, 2024, the US Supreme Court decided Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe (Nos. 23-250 and 23-253), holding that the Indian Health Service (IHS) must reimburse Native nations,...more

Holland & Knight LLP

Tribes: Act Now to Take Advantage of Supreme Court's Decision on Contract Support Costs

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The U.S. Supreme Court ruled on June 6, 2024, that the Indian Health Service (IHS) must pay contract support costs with respect to program income – payments from Medicare, Medicaid and private insurers – received by tribes...more

Womble Bond Dickinson

Free, Prior, and Informed Consent & Indigenous Consultation in Mining Development

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This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and...more

PilieroMazza PLLC

Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

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On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by...more

BakerHostetler

Review of the Executive Order on Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust...

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For our clients in Indian Country, the recent Executive Order is a welcome development as Tribal Nations plan and allocate funding to future projects. On Dec. 6, during the White House Tribal Nations Summit, President Biden...more

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