News & Analysis as of

Statutory Interpretation Tribal Governments

Lowenstein Sandler LLP

9th Circuit Expands Scope of Recoverable Natural Resource Damages Under CERCLA

On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more

Saul Ewing LLP

Ninth Circuit Harmonizes Available CERCLA Natural Resource Damages with D.C. Circuit

Saul Ewing LLP on

Defining the scope of CERCLA natural resources damages is a rare occurrence in the Ninth Circuit, which is what is interesting about the recent decision in the case of Confederated Tribes of the Colville Reservation v. Teck...more

Troutman Pepper Locke

Court Denies Indian Tribe’s Injunction Request Pending Appeal in PACT Act Case

Troutman Pepper Locke on

We recently wrote about a federal case here and here involving key issues related to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) authority to enforce the Prevent All Cigarette Trafficking Act (PACT Act)...more

Pillsbury Winthrop Shaw Pittman LLP

New Bill Seeks to Provide Uniform Gaming Regulation Under IGRA for Two Texas Tribes

Currently, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes are regulated under both the Restoration Act and Indian Gaming Regulatory Act (IGRA), subjecting them to state and federal oversight, while all other federally...more

Schwabe, Williamson & Wyatt PC

U.S. Treasury Announces Tribal Consultation on General Welfare Exclusion Act

On June 30, 2025, the United States Department of the Treasury announced that it will be holding an online tribal consultation with Alaska Native Corporations on July 29, 2025, from 1:30 pm to 4:30 pm ET, to discuss the...more

Snell & Wilmer

California Challenges Interior’s Trust Acquisition for Koi Nation Casino

Snell & Wilmer on

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

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Schwabe, Williamson & Wyatt PC

The Fall of the Chevron Doctrine: Implications for Indian Country and Alaska Native Corporations

For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...more

Jenner & Block

Potential Impacts of Chevron’s Overruling on Tribal Interests

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On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set...more

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