Native American Law Watch – Summer 2014
Supreme Court Affirms Indian Gaming Regulatory Act Does Not Abrogate Sovereign Immunity for Suit Alleging Illegal Gaming Occurring on Non-Indian Lands
The United States Supreme Court’s opinion in Michigan v. Bay Mills Indian Communityaffirmed the ruling below that the Indian Gaming Regulatory Act does not abrogate tribal sovereign immunity for suits by states challenging gaming taking place outside of the Indian lands of the tribe conducting the game. In a five-four opinion, the Court rejected Michigan’s invitation to limit tribal sovereign immunity for off-reservation commercial activities. Continue Reading.
Revisions to Regulations Governing Rights-of-Way over Indian Land Forthcoming
The Bureau of Indian Affairs is working on revisions to 25 C.F.R. 169, the regulations that govern rights-of-way over Indian land. In an interview with an individual at the Department of the Interior, Modrall Sperling learned the proposed revisions, to be released later this year, will standardize the regulations and promote tribal self-determination. Continue Reading.
Challenge to U.S. Fish and Wildlife Service’s Promulgation of the Bald and Golden Eagle Act Programmatic Permit Rule
The U.S. Fish & Wildlife Service recently promulgated the Bald and Golden Eagle Permit Rule, which allows the authorized incidental take of eagles by permit holders. The American Bird Conservancy served a notice of intent to file suit to challenge the Eagle Permit Rule. The challenge could affect the Eagle Permit Rule and the related Programmatic Take Permit Rule, which is primarily intended for wind projects. Continue Reading.
Native American Practice Group
Modrall Sperling’s Native American law practice focuses primarily on the representation of developers, tribal business corporations, financial sector participants, utilities, and others doing business, engaged in dispute resolution, or addressing policy issues in Indian country. The firm has represented clients in matters involving more than 40 tribes in over 20 states. Our Practice Group combines exceptional knowledge of core federal Indian and Native American law principles and recent developments with practitioners who bring specialized expertise applying those principles in finance, land and resource acquisition, employment law, environmental and cultural resource permitting and management, and related fields in Indian country.
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