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
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
Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership...more
Viking River Cruises, Inc. v. Moriana, No. 20-1573: This case involves the Federal Arbitration Act’s (FAA) preemption of a California law invalidating contractual waivers of the right to assert certain representative claims....more
On April 26, 2022, the Arizona Supreme Court issued a significant unanimous decision addressing the applicability of a state ad valorem property tax on a power plant located on Indian land. The Arizona Supreme Court held that...more
In a decision that impacts entities and individuals doing business in Indian Country, the Arizona Court of Appeals sided with the Taxpayer in its challenge to the state and county’s power to tax property on tribal land in the...more
Executive Summary- A Supreme Court decision on state taxation of an Indian tribe turned on what a tax is “on.” Our Federal Tax Group parses the meaning of what is actually being taxed and the broader implications for...more
In Washington State Department of Licensing v. Cougar Den, Inc., the United States Supreme Court delivered its first Indian law decision of this term and since Justice Kavanaugh joined the Court in a highly fractured ruling...more
On March 19, 2019, the United States Supreme Court issued its decision in Washington State Department of Licensing v. Cougar Den, Inc., holding that the right to travel provision of the Yakama’s treaty with the United States...more
On March 19, 2019, the Supreme Court decided Washington State Department of Licensing v. Cougar Den, Inc., No. 16-1498, holding that an 1855 treaty between the U.S. and the Yakama Nation exempts a tribal-owned company from...more
On Tuesday, October 30, the United States Supreme Court heard oral argument in Washington State Department of Licensing v. Cougar Den, Inc., a case involving the question of whether the Yakama Nation’s 1855 treaty provision...more
At test sites in ten states –Alaska, California, Florida, Nevada, North Dakota, North Carolina, Kansas, Oklahoma, Virginia and Tennessee – the U.S. Department of Transportation (DOT) granted local-backed drone projects...more
The Supreme Court of the United States issued two decisions today: Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more
In a major win affecting counties and local taxing entities throughout California, Best Best & Krieger LLP attorneys Roderick E. Walston and Steven G. Martin helped secure a federal court ruling that possessory interests held...more
A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more
The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more
The Supreme Court of the United States issued decisions in four cases on March 22, 2016: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146: Respondents, employees at a pork processing plant of petitioner Tyson Foods, filed a...more
On December 21, 2015, new rights-of-way regulations on Indian lands will go into effect. These new regulations likely will have an immediate and substantial impact throughout Indian Country, for both Tribes and businesses...more
The U.S. is a step closer to enacting a consistent, national approach to certifying and labeling genetically modified (GMO) foods. On July 23, 2015, the U.S. House of Representatives passed H.R. 1599, the Safe and Accurate...more
Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more