Our Indian Law Practice Areas
Litigation
We have represented tribal and other Native clients in complex litigation in federal, state and tribal courts regarding issues such as: tribal governmental authority and jurisdiction, state authority and jurisdiction, sovereign immunity, taxation, breach of trust, natural resource development, water rights, federally protected species, protection of cultural properties, repatriation of human remains, and environmental protection. On behalf of tribal clients we have briefed and argued on the merits eight cases before the United States Supreme Court relating to treaty fishing and hunting rights, taxation, mineral rights and tribal jurisdiction. We also draft amicus briefs supporting tribal interests in the U.S. Supreme Court as part of the Native American Rights Fund’s Supreme Court Project.
Environmental Protection, Compliance and Permitting
We have assisted tribal clients with development and implementation of environmental protection programs to control air pollution, water pollution, and oil spills; management of solid waste and hazardous waste and remediation of contaminated sites; drafting tribal environmental laws and regulations; and applications for treatment as a state under federal environmental laws. We represent tribes in efforts to challenge and mitigate adverse environmental impacts of projects on and near their reservations and to enforce tribal, state, and federal environmental laws. Our work in this and other areas of our Indian law practice frequently involves intergovernmental relations on tribal, federal, state and local levels, including representing tribes before FERC and other regulatory agencies. We represent tribes in federal and state court to ensure compliance with NEPA and state environmental policy acts, the Endangered Species Act, the Migratory Bird Treaty Act, and other federal laws protecting the environment.
Economic Development (including Gaming)
We advise tribes on business opportunities with an emphasis on the legal advantages of doing business on reservations. We have negotiated and drafted leading-edge documents for complex economic commercial transactions. We have prepared taxation and gaming ordinances and economic enterprise charters, including for Section 17 Corporations under the Indian Reorganization Act. We have prepared leasing regulations for federal approval under the HEARTH Act. We also have represented tribes in negotiating and implementing gaming compacts and related transactions.
Legislative Consulting
We assist tribal clients in legislative matters before Congress and state legislatures, leading to the enactment of laws addressing our clients' needs. Our work has included preparation of testimony before legislative committees and drafting and lobbying for proposed legislation. Many of our attorneys are registered lobbyists under the Federal Lobbying Act.
Water Rights
We represent tribal clients in water rights adjudications and negotiations, prepare tribal water codes, advise tribal water regulatory agencies, and have worked with Congress to legislatively settle tribal water rights claims.
Tribal Government
The firm provides a wide range of legal services to our tribal clients in all aspects of governmental and municipal functions. We draft tribal constitutions, codes and ordinances covering every area of tribal government, including law and order codes, zoning and land use ordinances, fish and game laws, water codes, environmental control regulations, mortgage and leasing codes, probate codes, public health codes and employment rights ordinances. We regularly advise tribes and tribal agencies regarding the implementation of and compliance with such laws.
We also advise tribal governments on enrollment, elections, law enforcement, social services and personnel issues. We regularly negotiate complex intergovernmental agreements with other sovereigns.
Preferences in Contracting and Employment Matters
The firm develops tribal ordinances and contractual arrangements for Native American preferences in government contracting and industrial subcontracting and employment near reservations. We have assisted in gaining Small Business Administration minority small business classification and preferences under other federal laws.
The firm helps tribes prepare and implement employment handbooks and policies, and has defended them against claims brought by employees, including claims for unpaid wages, breach of employment contract, wrongful discharge and discrimination.
Cultural Resources
The firm provides services to preserve tribes’ rights to protect cultural resources and sites, and to enforce rights under the Native American Graves Protection and Repatriation Act and the National Historic Preservation Act.
Breach of Trust
The firm has special expertise in cases brought against the United States for breach of fiduciary duty for mismanagement of tribal trust funds and trust resources, including oil and gas, timber, and sand and gravel. We have recovered hundreds of millions of dollars to compensate our clients for such mismanagement and helped set important legal precedent in this area.
International Law
The firm advises tribal clients on matters involving international treaties governing natural resources, including representation of the Makah Tribe at meetings of the International Whaling Commission since the mid-1990s. The firm also represents the Confederated Tribes of the Colville Reservation in its engagement with the Department of State regarding modernization of the Columbia River Treaty.
Tax and Probate Matters
The firm has special expertise regarding taxation of Native American organizations and individuals. We negotiate tax agreements with major corporations that provide large economic returns to our Native American clients. We represent individual Native American clients in federal and state tax disputes. We are experienced in Indian probate matters before Department of the Interior probate judges and other federal administrative agencies. We have also drafted tribal probate codes and tribal tax codes.
Tribal Lands
The firm assists tribes with all aspects of tribal land acquisition and protection, including real estate transactions, lease and right-of-way compliance, and placing fee lands into trust.
