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Native American Issues

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025

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A Native American advocacy group has filed a federal civil rights lawsuit against the New York Board of Regents to stop a rule that prohibits the use of indigenous mascots in public schools from taking effect, saying the ban...more

Vicente LLP

Native American Tribal Sovereignty and the Cannabis Industry: A New Frontier

Vicente LLP on

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

Epstein Becker & Green

The First Amendment, Front and Center - SCOTUS Today

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The U.S. Supreme Court did not issue any merits opinions today, but there were two dissents from denials of cert. that merit attention, both concerning the First Amendment....more

Schwabe, Williamson & Wyatt PC

Inside the DOI’s Tribal Consultation on Energy & Workforce

On Tuesday, May 20, 2025, the Department of the Interior hosted a Tribal Consultation on Workforce Efficiency and Productivity (EO 14210) and Emergency Permitting Procedures to Strengthen Domestic Energy Supply in Anchorage,...more

Schwabe, Williamson & Wyatt PC

Federal Procurement Challenges for Native Contractors

On April 9, 2025, the Center for Indian Country Development published an interesting report on the impact of contract consolidation/bundling by the federal government on Native-owned government contractors. In Executive...more

Snell & Wilmer

California Challenges Interior’s Trust Acquisition for Koi Nation Casino

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Earlier this month, the State of California (the State) and Governor Gavin Newsom filed a complaint in the U.S. District Court for the Northern District of California seeking to vacate the Department of the Interior’s (the...more

Jenner & Block

Amicus Brief Filed on Behalf of the Fort Mojave Indian Tribe Urging SCOTUS to Protect Tribal Sovereignty

Jenner & Block on

Jenner & Block filed an amicus brief before the Supreme Court of the United States on behalf of the Fort Mojave Indian Tribe in South Point Energy Center LLC v. Arizona Department of Revenue. The brief calls on the Court to...more

Schwabe, Williamson & Wyatt PC

U.S. Dept. of the Interior Announces Tribal Consultations

On April 14, 2025, the United States Department of the Interior announced a series of Tribal Consultations. The purpose of the consultations is to address the new administration’s goal of “working to enhance government...more

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

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On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2025

Kaufman & Canoles on

A New York federal judge has tossed several school district lawsuits seeking to void a state law banning the use of Native American team mascots and names, throwing out individual board members’ free speech claims but saying...more

Schwabe, Williamson & Wyatt PC

Trump Administration Rescinds Biden-Era Executive Order Designed to Ensure Tribal Access to Federal Funding

On March 14, the Trump administration issued an Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions,” which rescinded 18 previous executive orders and other presidential actions, on topics...more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

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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

WilmerHale

United States Patent and Trademark Office Calls for Tribal Comments on the World Intellectual Property Organization Treaty on...

WilmerHale on

On January 17, 2025, the United States Patent and Trademark Office (“USPTO”) published a request for written comments on a recently adopted treaty....more

Vicente LLP

Understanding ESG Requirements for Licensing Colorado Natural Medicine Businesses

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Aspiring psychedelic business licensees in Colorado now have clarification on the ESG criteria required for natural medicine license applications, as the Colorado Natural Medicine Division (NMD) has finalized the rules for...more

Snell & Wilmer

Lexington Insurance Company v. Suquamish Tribe: A Landmark Case on Tribal Jurisdiction, Signifying a Pivotal Moment in Legal...

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The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more

Dorsey & Whitney LLP

ANC Shareholder Preferences Should Continue Despite Executive Order Revoking Affirmative Action and DEI Initiatives in Federal...

Dorsey & Whitney LLP on

Alaska Native Corporations have been legally permitted to preferentially hire their shareholders based on a 1992 amendment to a federal statute enacted in the Alaska Native Claims Settlement Act – Section 1626(g). In other...more

Akin Gump Strauss Hauer & Feld LLP

Federal Recognition of the Lumbee Tribe of North Carolina

Summary - Within 90 days of the Order, the Secretary of the Interior will submit a plan to the President to assist the Lumbee Tribe in obtaining full Federal recognition through legislation or other methods. The Lumbee tribe...more

DLA Piper

President Trump Executive Orders

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Below is a compilation of Executive Orders and Actions signed by President Donald Trump....more

Vicente LLP

Minnesota Draft Cannabis Rules Provide Clarity on Licensed Cannabis Business Operations

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The Minnesota Office of Cannabis Management (OCM) recently published a notice of intent to adopt expedited rules and opened a 30-day public comment period. ...more

Snell & Wilmer

Seven California Tribes Sue California Card Rooms Over Banking Mechanisms for Card Games

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Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more

Allen Matkins

California Environmental Law & Policy Update 12.6.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Wednesday issued a new regulation preventing per- and polyfluoroalkyl substances, commonly known as PFAS, from being approved through low volume exemptions — abridged reviews...more

Husch Blackwell LLP

Creating Inclusive Work Environments for Native American and Indigenous Employees: Harmful Terminology to Keep Out of the Modern...

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In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and...more

Schwabe, Williamson & Wyatt PC

New Challenges to the Indian Child Welfare Act Could Mark A Turning ‎Point for Federal Indian Legislation

Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more

U.S. Equal Employment Opportunity Commission...

EEOC Partners With TEROs to Support Tribal Members’ Employee Rights

Agency Releases New Television and Radio Campaign to Address Tribal Employment Discrimination and Harassment - WASHINGTON – Partnering with Tribal Employment Rights Offices (TERO) directors from the Nez Perce Tribe and Lummi...more

Lippes Mathias LLP

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on...

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more

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