News & Analysis as of

Tribal Lands Federal Jurisdiction

Snell & Wilmer

Massachusetts District Court Judge Rules U.S. Department of Interior Acted Legally in Mashpee Wampanoag Decision

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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

Snell & Wilmer

Supreme Court Holds State Has Concurrent Criminal Jurisdiction Over Non-Indians in Indian Country

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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

Brownstein Hyatt Farber Schreck

An ‘Ahistorical and Mistaken Statement of Indian Law’

U.S. SUPREME COURT RULING DEALS BLOW TO TRIBAL SOVEREIGNTY - In stunning disregard of over 200 years of precedent (dating back to the 1823 landmark case Worcester v. Georgia), on June 29, 2022, via Oklahoma v....more

Morgan Lewis

Biden-Harris Administration Plans to Revise ‘Waters of the United States’ Definition

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In a move that is expected to expand the reach of the Clean Water Act, the US Environmental Protection Agency and the Army Corps of Engineers announced their intent to revise the definition of “waters of the United States”—a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does McGirt Cede Oklahoma Waters to Native American Tribes?

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

K&L Gates LLP

Indian Land Then, Remains Indian Land Now: The Supreme Court Confirms That a Significant Portion of Eastern Oklahoma Is a Native...

K&L Gates LLP on

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

Hicks Johnson

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

Hicks Johnson on

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

Dorsey & Whitney LLP

McGirt v. Oklahoma

Dorsey & Whitney LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Monumental SCOTUS Ruling Has Potential to Alter Legal and Regulatory Regimes in Eastern Oklahoma and Western Arkansas

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

Faegre Drinker Biddle & Reath LLP

Creek Nation Affirmed: Supreme Court Maintains Congress Must Clearly Express Intent to Disestablish a Reservation

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McGirt v. Oklahoma

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

Dickinson Wright

Sen. Barrasso Introduces Carcieri Compromise Bill

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More than six years after the U.S. Supreme Court’s decision in Carcieri v. Salazar, Sen. John Barrasso (R-Wyoming), the chairman of the Senate Committee on Indian Affairs, has introduced the “Interior Improvement Act” to fix...more

Stoel Rives LLP

BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation

Stoel Rives LLP on

Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian...more

Faegre Drinker Biddle & Reath LLP

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

Snell & Wilmer

Office of the Solicitor Issues Carcieri “Fix” Opinion

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In response to the United States Supreme Court’s ruling in Carcieri v. Salazar, 555 U.S. 379 (2009), the Office of the Solicitor for the United States Department of the Interior issued a memorandum opinion on March 12, 2014,...more

Dickinson Wright

The Illusion of Federal Jurisdiction in Tribal Contracts

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Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more

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