Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
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
Jusqu’à récemment, les revendications de titres ancestraux visaient des terres publiques (c’est-à-dire, des terres dont le droit de propriété est dévolu au gouvernement fédéral ou à un gouvernement provincial). Or, deux...more
Until recently, claims for Aboriginal title have focused on Crown (government-owned) land. Two 2025 court decisions, Cowichan Tribes v Canada (Attorney General) (Cowichan Tribes) and J.D. Irving, Limited et al. v. Wolastoqey...more
On Feb. 24, Department of the Interior (DOI) Solicitor William Doffermyre issued M-37087, revoking DOI’s authority to take land in Alaska into trust pursuant to the Indian Reorganization Act (“IRA”) on behalf of Alaska Native...more
The U.S. House of Representatives recently unanimously passed H.R. 5910, legislation that would authorize leases of up to 99 years for land held in trust for federally recognized Indian Tribes. The bill, sponsored by Rep....more
California cardrooms have operated for decades under a distinct legal framework that prohibits “banked” casino games such as traditional blackjack outside of tribal lands, while allowing cardrooms to offer player banked games...more
On 13 January 2026, the US Environmental Protection Agency (EPA) proposed a new Clean Water Act (CWA) Section 401 Water Quality Certification Rule (the Proposed Rule) that would narrow state and tribal authority to review and...more
Brazil’s Supreme Court (STF) has concluded the joint trial of constitutional lawsuits involving Law No. 14,701/2023, known as the Indigenous Time Limit Requirement Act (marco temporal). A majority of the Court reaffirmed the...more
Deux décisions récentes des tribunaux ont de nouveau porté l’attention sur la question de savoir si un titre ancestral peut s’appliquer à des terres privées (ou « en fief simple »). Dans ces décisions, les tribunaux répondent...more
A recent decision by the U.S. District Court for the District of Colorado in Southern Ute Indian Tribe et al. v. Polis et al., provides clarification on the extent of state authority to regulate online sports betting...more
In an effort to spur prompt rehabilitation of Pacific Palisades' commercial sector post-fire, Los Angeles Mayor Karen Bass has enacted Emergency Executive Order 10 (EO10), a decree set to accelerate the authorization process...more
Ten members of Congress representing New York districts have petitioned Gov. Kathy Hochul to withhold the state's water quality certification needed for a natural gas pipeline in New York waters. ...more
In the vast majority of U.S. States, the federal government may hold designated reservation lands in trust for tribes. However, Alaska presents a challenge to legal interpretation of gaming rights and jurisdiction....more
The Ninth Circuit Court of Appeals (“Ninth Circuit”) addressed in a September 3rd Opinion an issue associated with the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) term “natural resources.”...more
Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more
The Center for Biological Diversity (“CBD”) sent a July 30th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue for Violations of the Endangered Species Act with Respect...more
On June 30, 2025, the United States Supreme Court denied certiorari in an Arizona taxation case involving tribal sovereignty and preemption. South Point Energy Center, LLC (South Point) submitted a Petition for a Writ of...more
Reports of federal immigration agents entering tribal lands without recognizing valid tribal identification have prompted urgent concerns for tribal employers nationwide. In early 2025, ICE enforcement actions in tribal...more
On June 30, 2025, California Governor Gavin Newsom signed into law significant reforms to the California Environmental Quality Act (CEQA), seeking to promote housing projects in a state that desperately needs them. Much of...more
On July 9, 2025, the President signed into law the Alaska Native Village Municipal Lands Restoration Act of 2025 (“ANVMLRA”). This legislation will permit Alaska Native Village Corporations to recover from the State of Alaska...more
The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...more
Native American Tribal sovereignty and the budding cannabis industry have intersected in a unique way, giving rise to an evolving landscape. Exercising their inherent rights to self-governance, many Tribes are exploring and...more
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
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
“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
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