Congress Wraps Up Busy July Ahead of August Recess
Ahead of August recess Congress made significant progress in July on the Interior Appropriations bill and the National Defense Authorization Act (NDAA). All of these bills include important provisions and funding for Indian country. When Congress returns in...
Native Law Group Recognized in the 2024 Edition of The Best Lawyers in America®
Patterson Earnhart Real Bird & Wilson LLP (Native Law Group) proudly announces the inclusion of six (6) of its attorneys in the 2024 edition of The Best Lawyers in America®. This is the third consecutive year Native Law Group has been recognized in this highly...
Native Law Group Welcomes New Associate Rebecca Plumage
Patterson Earnhart Real Bird & Wilson LLP is pleased to announce the addition of a new associate attorney Rebecca Plumage, who joined the Louisville, Colorado office on August 1, 2023. “We are thrilled to have Becky join the team,” said partner Jeremy Patterson....
Cert Petition in Western Water Case Could Put Tribal Sovereignty Back in Supreme Court’s Crosshairs
On May 11, 2023, the Klamath Irrigation District (KID) filed a petition for a writ of certiorari that could potentially expand the authority of an Oregon state court to adjudicate settled tribal water rights belonging to the Klamath and Hoopa Valley Tribes (Tribes). ...
Written Comments on ICWA Consultation Due Soon
On July 17, 2023, the Department of the Interior, Department of Health and Human Services, and the Department of Justice (the Administration) sent a letter to Tribal leaders asking for input on how the Administration can promote federal protections for Indian children...
AFN Clarifies Alaska Native Corporations Not Sovereign Governments
At its Annual Convention in October 2022 the Alaska Federation of Natives (AFN) passed a resolution recognizing that Alaskan Native Corporations are not sovereign governments. AFN took the action in response to the Coronavirus Aid, Relief, and Economic Security Act...
Secretary Haaland Successful in Interior Initiative to Dismantle Tribal Water Rights
On June 22, 2023, the U.S. Supreme Court ruled against the Navajo Nation’s breach of trust claim relating to its reserved water rights in the Arizona v. Navajo Nation and Department of the Interior v. Navajo Nation consolidated case. The decision significantly limits...
BLM Proposed Rule Increases Tribal Involvement in Public Lands
On April 3, 2023, the Bureau of Land Management (BLM) published a proposed rule in the Federal Register entitled “Conservation and Landscape Health” for the public lands managed by BLM. The proposed rule is intended to increase conservation efforts as a part of BLM’s...
Supreme Court Abrogates Tribal Sovereign Immunity in Bankruptcy Decision
On June 15, 2023 the U.S. Supreme Court ruled that the United States Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes. In Lac du Flambeau Band of Lake Superior Chippewa Indians v....
Fiscal Responsibility Act Claws Back Some Tribal Funding
In his first few months as Speaker of the House, Kevin McCarthy, used negotiations on a bill to increase the debt ceiling to rescind “unobligated” COVID-19 related funding—including some tribal funding. The bill also put limitations on future spending and included...