Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
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
The Center for Biological Diversity (“CBD”) sent a July 30th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue for Violations of the Endangered Species Act with Respect...more
On June 30, 2025, the United States Supreme Court denied certiorari in an Arizona taxation case involving tribal sovereignty and preemption. South Point Energy Center, LLC (South Point) submitted a Petition for a Writ of...more
Reports of federal immigration agents entering tribal lands without recognizing valid tribal identification have prompted urgent concerns for tribal employers nationwide. In early 2025, ICE enforcement actions in tribal...more
On June 30, 2025, California Governor Gavin Newsom signed into law significant reforms to the California Environmental Quality Act (CEQA), seeking to promote housing projects in a state that desperately needs them. Much of...more
On July 9, 2025, the President signed into law the Alaska Native Village Municipal Lands Restoration Act of 2025 (“ANVMLRA”). This legislation will permit Alaska Native Village Corporations to recover from the State of Alaska...more
The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...more
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
El Ministerio del Interior de Colombia, el 5 de mayo de 2025, expidió el Decreto 488 de 2025, por medio del cual dictó el funcionamiento de las competencias legales de los territorios indígenas y estableció las condiciones...more
In a pivotal decision with significant implications for tribal sovereignty and cannabis regulation, a Minnesota judge recently ruled the state may criminally prosecute tribal members for cannabis-related offenses occurring on...more
“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more
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
In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting...more
Assembly Bill 52 (AB 52) requires public agencies to consult with tribes during the California Environmental Quality Act (CEQA) process. On March 14, 2025, in Koi Nation of Northern California v. City of Clearlake, the First...more
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
Establishes the National Energy Dominance Council with the Secretary of the Interior, and Secretary of Energy and Chair and Vice Chair. The Order assigns the council to advice the President on various energy related matters,...more
AT A GLANCE - Federal Decree No. 12,373/2025, published on February 3, 2025, reinforces FUNAI’s regulatory authority over indigenous lands and restricted areas by outlining offenses such as unauthorized entry by...more
On January 10, 2025, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of a proposed rule (the “Proposed Rule”) it had promulgated on May 5, 2023, which would have established federal Clean Water Act...more
On January 20, President Trump issued an executive order titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The order reverses decisions by the Biden administration to limit energy resource...more
The Department of Energy has announced plans to prepare environmental reviews for three proposed hydrogen hubs in Appalachia, California, and the Pacific Northwest as part of the Biden administration’s initiative to establish...more
On December 12, 2024, the California Department of Fish and Wildlife (CDFW) released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as...more
Even for the unpredictable world of business and human rights, 2024 was particularly volatile, including for sustainability more generally. The European Union’s (EU) Corporate Sustainability Due Diligence Directive (CSDDD)...more
SB 684, which took effect on July 1 of this year, provides for streamlined, ministerial processing of certain residential projects in multifamily zoning districts consisting of no more than 10 single-family homes. The law...more
When the Eastern Band of Cherokee launched sales of adult-use cannabis in September 2024 through a dispensary in western North Carolina, it presented a seismic shift. Unlike most other Tribal Nations that sell cannabis, the...more
On November 7, the FHFA announced partnerships with both Fannie Mae and Freddie Mac to boost programs that expand housing access for tribal communities. The collaboration involved the FHLBank of Des Moines promoting Freddie...more