Supreme Court Miniseries: Tribal Rights in the 21st Century
DE Talk | Building Foundational Relationships in Native American & Tribal Communities
Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
Tribal Tax Exemption Under McGirt Gains Preliminary Victory
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
A Way Forward: Energy Industry Ready to Fuel Canada's Recovery
On June 22, 2023, the United States Supreme Court handed down its third decision regarding federal Indian law this term. In a 5-4 decision, the Court held that the Navajo Treaty of 1868 does not require the United States to...more
On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more
On June 22, 2023, the U.S. Supreme Court issued its opinion in Arizona v. Navajo Nation, No. 21-1484, limiting the federal government’s obligation to affirmatively secure water for federally recognized Indian tribes. The...more
With four decisions yesterday, the Court has now cut its backlog down to the mid-teens. And with decisions likely today as well, the Court is well on its way to clearing the docket as the term ends....more
In a 5-4 decision, the United States Supreme Court ruled in Oklahoma v. Castro-Huerta, on June 29, that the Federal Government and the State have concurrent jurisdiction to prosecute non-Indians who commit crimes against...more
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
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
In a 6-3 decision, the United States Supreme Court ruled that a Native American defendant who was previously prosecuted in a special federal administrative tribal court can be charged in a federal court for the same incident...more
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
On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are...more
On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public...more
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
On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that...more
On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern Oklahoma reserved for the Creek Nation pursuant to a treaty ratified by Congress...more
On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more
In series of Treaties with the Creek Nation in the 1830s, the United States established a Reservation for the Creeks, covering millions of acres in northeastern Oklahoma, including land on which the City of Tulsa is located....more
The U.S. Supreme Court in a 5-4 decision on July 9, 2020 held that the State of Oklahoma lacked jurisdiction to prosecute an enrolled member of the Seminole Tribe of Oklahoma because the crimes he was accused of committing...more
Yesterday, the United States Supreme Court clouded the jurisdiction of the entire eastern half of Oklahoma in McGirt v. Oklahoma, including the state’s power to enforce laws within the City of Tulsa, by holding that certain...more
On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma, No. 18-9526, that the Creek Nation’s reservation in northeastern Oklahoma has never been disestablished. The decision resolves not only McGirt, but its...more
On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, No. 18-9526, holding that the Creek Nation’s reservation in northeastern Oklahoma, which includes most of the city of Tulsa, has never been disestablished. ...more
On May 20, 2019, the Supreme Court of the United States decided Herrera v. Wyoming, No. 17-532, holding that hunting rights in modern-day Montana and Wyoming that the Crow Tribe of Indians acquired under its 1868 treaty with...more
The Supreme Court of the United States issued two decisions today: Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more
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
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
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more