Southern Ute Sues to Bar Applying BLM’s Fracking Rule to Tribal Oil and Gas
The Case: The Southern Ute Indian Tribe (Tribe) filed suit on June 18, 2015 in the United States District Court for the District of Colorado[1. Southern Ute Indian Tribe v. U. S. Department of the Interior, D. Colo. No. 1:15-cv-01303.] against the Department…
POSTED IN: Articles
Pueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim – Unique Circumstance or Cloudy Title on the Horizon?
On June 26, 2015, in Pueblo of Jemez v. the United States[1. 790 F.3d 1143 (10th Cir. 2015).] the United States Court of Appeals for the Tenth Circuit reversed a district court ruling that had dismissed the Pueblo of Jemez’ (Pueblo) claim seeking the return…
POSTED IN: Articles
Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Over the past few years, federal courts have seen an influx of cases involving challenges to “payday” lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration…
POSTED IN: Articles
Indian Reserved Water Rights: Groundwater Included
Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,[1. Winters v. United States, 207…
POSTED IN: Articles
Washington Court Rules Property Tax Incentive Benefitting Indian Tribes Is Unconstitutional
Agreements for payments in lieu of taxes (PILOTs or PILTs) are used frequently by local governments to incentivize private investment in facilities or infrastructure that will provide a public benefit. A recent case in the State of Washington highlights the risk of…
POSTED IN: Articles
Federal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
On April 7, 2015, in Grand Canyon Trust v. Williams,[1. No. CV-13-08045-PCT-DGC, 2015 WL 1538084 (D. Ariz. Apr. 7, 2015).] the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service (“USFS”) on claims brought by…
POSTED IN: Articles
Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of “Native American culture” not enough to demonstrate narrowly tailored compelling interest
In Northern Arapaho Tribe v. Ashe,[1. 2015 WL 1137487, No. 2:11-CV-00347-ABJ (D. Wyo. Mar. 12, 2015).] the United States District Court for the District of Wyoming contrasted two tribes’ eagle interests, the First Amendment, the Bald and Golden Eagle Protection Act, and the Supreme…
POSTED IN: Articles
Tribal Employment Preference Laws
I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…
POSTED IN: Articles
Indigenous Peoples’ Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Download PDF Sacred sites and traditional cultural properties are crucial to the preservation of indigenous peoples’ culture and society, and are increasingly recognized by international and state law and non-governmental entities. This article explores the various legal and non-legal documents addressing sacred…
POSTED IN: Articles
Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms
Download PDF The State supreme courts in Oklahoma and New Mexico both have recently determined that their state courts lack jurisdiction over tort claims arising from conduct at tribal casinos. These cases are a reminder of the importance of clear dispute resolution…
POSTED IN: Articles