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
Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more
In a recent judicial decision involving the Sault Ste. Marie Tribe of Chippewa Indians, the Tribe has faced a setback in establishing a casino near Detroit, Michigan. The case of Sault Ste. Marie Tribe of Chippewa Indians v....more
In a momentous legal development, U.S. District Court Judge Sharon L. Gleason has vacated and remanded a decision by the U.S. Department of the Interior (DOI) to place a 787-square-foot parcel of land in downtown Juneau into...more
The California Department of Conservation last Friday released a proposal to stop issuing permits for well stimulation treatments, commonly known as fracking. Most fracking operations in California are carried out in oil...more
After years of concerns raised by Indian law practitioners and tribal leaders alike, the rules under which the Secretary of the Department of the Interior accepts lands in trust for federally recognized Indian tribes have...more
On February 10, 2023, the Honorable Judge Angel Kelley of the U.S. District Court of Massachusetts ruled that the U.S. Department of the Interior acted legally when it took into trust 321 acres of land (two noncontiguous...more
Recent proposed regulations seek to streamline and reduce costs for tribal land into trust applications and clarify parameters for negotiation and approval of tribal-state gaming compacts. The administrative process by...more
On December 5, 2022, the Interior Department’s Bureau of Indian Affairs (BIA) published proposed revisions to 25 C.F.R. Part 151—the regulations governing the United States’ discretionary acquisition of land in trust for the...more
Alaskans should prepare for major changes to the unique legal framework governing tribal lands in Alaska. In mid-November, the U.S. Department of the Interior (DOI) announced that it can acquire lands in trust for Alaska’s...more
[co-author:Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more
On November 16, the Solicitor for the U.S. Department of the Interior issued Opinion M-37076, clarifying that the Secretary of the Interior does in fact have authority to acquire land in trust within the State of Alaska. The...more
The White House released its National Strategy on Hunger, Nutrition, and Health on Sept. 27, 2022, ahead of the second-ever White House Conference on Hunger, Nutrition, and Health. Specifically, the 44-page paper calls on...more
Subscribe and listen to Proof in Trial here: https://proofintrial.lnk.to/series A journalist facing a jail sentence for protecting her sources; a Native American tribe fighting to reclaim their land; a software company...more
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
In November 2021, the secretaries of the U.S. Department of the Interior, Department of Agriculture, Department of Transportation, Department of Energy, Environmental Protection Agency, White House Council on Environmental...more
On November 23, 2021, the US District Court for the District of Columbia invalidated a 2021 gaming compact between the Seminole Tribe of Florida and the State of Florida, which permitted mobile sports wagering throughout the...more
On June 8, 2021, the Department of the Interior (DOI) announced that the Bureau of Ocean Energy Management (BOEM) intends to issue a request for information (RFI) to assess interest in potential offshore wind development in...more
This week: the Ninth Circuit elaborates on the Indian Gaming Regulation Act’s “two-step determination” regarding the effects of a new casino on tribal land and clarifies when a post-certification class action settlement...more
Last week, the Department of the Interior issued Memorandum M-37069 regarding the Secretary of the Interior’s land into trust authority in Alaska, in keeping with the current administration’s expressed priority of recognizing...more
Fee-to-trust, sometimes also called land-into-trust, is the process by which tribes can have land taken into trust by the federal government. Congress authorized the Department of the Interior (DOI) to take land into trust...more
A law passed by Congress at the end of 2020 seeks to expand contracting opportunities under the Buy Indian Act (Act). Through the Indian Community Economic Enhancement Act of 2020, Congress amended the Act to expand the scope...more
With former Vice President Joe Biden winning the 2020 presidential election and Republicans poised to maintain control of the Senate, the American Indian Law & Policy Group looks ahead to 2021 and beyond to see how this...more
This is the ninth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more
On March 8, 2018, the Ute Indian Tribe of the Uintah and Ouray Reservation (the "Tribe") filed a lawsuit in the United States District Court for the District of Columbia against the United States, the Department of the...more