News & Analysis as of

Native American Issues Tribal Treaty Rights

Troutman Pepper

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

Schwabe, Williamson & Wyatt PC

Supreme Court Delivers Landmark Decision on Navajo Water Rights and Trust Obligations

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

Kilpatrick

Arizona v. Navajo Nation

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The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major...more

Beveridge & Diamond PC

U.S. Supreme Court Declines to Expand the Reserved Water Right

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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

Stoel Rives LLP

U.S. Supreme Court Limits Federal Government’s Obligation to Secure Water for the Navajo Nation

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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

Dorsey & Whitney LLP

The Supreme Court Update - June 22, 2023

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The Supreme Court of the United States issued four decisions today: Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...more

Epstein Becker & Green

Court Rules Against Navajo Water Rights, Statutory Habeas Corpus – SCOTUS Today

Epstein Becker & Green on

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

Dorsey & Whitney LLP

Tribal Nations Summit Update

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The Biden Administration recently held a Tribal Nations Summit in Washington, D.C. At the Summit, the Administration announced a number of new actions, in particular, new initiatives relating to Tribal consultation. The...more

Troutman Pepper

EPA Proposes Water Quality Standards Revisions Requiring Consideration of Tribal Treaty Rights

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Yesterday, EPA announced a proposed rule that would revise the agency’s regulations to include a requirement that water quality standards protect reserved tribal treaty rights. This proposal is a major milestone for the...more

Fisher Phillips

Drafting Tribal Workplace Laws – 7 Tips to Protect Tribal Business and Sovereignty

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Tribal nations face unique opportunities and challenges in regulating their employment relationships. In addition to maintaining government workforces like their counterparts in the federal and state systems, they employ...more

Procopio, Cory, Hargreaves & Savitch LLP

7 Recent Administration Proposals Potentially Benefiting Tribes

In a recent span of thirty days, the U.S. Department of Interior (DOI) and the Biden Administration announced no fewer than seven key policy proposals with the potential to greatly benefit tribes, tribal organizations and...more

Holland & Knight LLP

USDA's Equity Action Plan Commits to Expanding Tribal Self-Determination Policies

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The U.S. Department of Agriculture (USDA) on April 14, 2022, released its Equity Action Plan (Plan) to the public. The Plan displays a shift in policy and perspective that is endorsed by the USDA Secretary, which is...more

American Conference Institute (ACI)

[Virtual Conference] Indigenous Consultation & Engagement Atlantic - November 22nd - 24th, 9:45 am - 1:30 pm AST

Entering the Modern-Era of Indigenous Consultation: From Modern Treaties to Modern Tech - The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference will be taking place virtually on November 22, 23 &...more

Kilpatrick

Tribal Treaty Rights Are Supreme Again

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On Monday, May 20 — for the second time during the 2018-2019 term — Justice Neil M. Gorsuch joined the four U.S. Supreme Court Democratic-appointed justices in a 5-4 decision, authored by Justice Sonia Sotomayor, to support...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Herrera v. Wyoming

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

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