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Indian Law : Newsstand
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Indian Treaty Rights and Fish Habitat: U.S. v. Washington, Phase II – The “Culverts” Decision, presented at the Hydrology Conference, by Bart J. Freedman, Alan C. Stay. October 23, 2008.
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State Owned Culverts Violate Treaty, Treaty Fishing Rights Alert, by Bart J. Freedman, Kari L. Vander Stoep. August 29, 2007.
On August 22, 2007, a federal district court in Seattle issued an important ruling regarding the scope of Northwest tribes’ treaty fishing rights. Specifically, the court ruled that the tribes’ treaty rights impose a duty on the state of Washington to preserve treaty fish runs by refraining from building or operating culverts under state-maintained roads that hinder fish passage. Order on Cross-Motions for Summary Judgment, United States v. Washington, Case No. CV 9213RSM (Aug. 22, 2007) (“Order”). Click here to view order. In previous cases, federal courts had resolved that Northwest tribes were entitled to the lesser of 50 percent of Northwest fish runs or the amount sufficient to support a “moderate living.” Since 1980, however, the federal courts had avoided deciding whether the state of Washington had a treaty-based duty to preserve and restore fish runs. In its opinion, the court concluded that the state does have such a duty, at least with respect to culverts under state roads.
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Federal Appeals Court Holds Tribes Are Subject to Federal Labor Law, K&L Gates Appellate, Constitutional and Governmental Litigation Alert, by Bart J. Freedman, Linda J. Shorey, Michelle D. Jensen. March 2007.
Tribal businesses operating on reservation land have traditionally been exempt from federal labor law. The inapplicability of federal labor law to tribes was recognized in the 1976 National Labor Relations Board (“NLRB”) ruling, Fort Apache Timber Company, which held that a tribal government operating an on-reservation timber mill was not an “employer” within the meaning of the National Labor Relations Act (“NLRA”).1 Recently, however, in San Manuel Indian Bingo and Casino v. National Labor Relations Board, the federal Court of Appeals for the D.C. Circuit overruled Fort Apache to hold that Indian tribes running certain on-reservation businesses are now subject to the NLRA.
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Indian Law Handbook for Local Governments, Preston Gates & Ellis Publication, by Bart J. Freedman. August 14, 2006.
These materials are intended to guide local governments in Washington on how to integrate tribal interests into the local government’s activities and undertakings.
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Indian Involvement Thwarted, Gaming Alert, by Linda J. Shorey, Marsha A. Sajer. December 2004.
Pennsylvania held little interest for federally-recognized Indian tribes prior to the enactment of Pennsylvania's Gaming Act. Now that Pennsylvania has legalized slots, it has become more inviting. The Delaware Nation was unsuccessful in its legislative lobbying efforts during the passage of the Gaming Act, and now its claim for "Indian lands" in Pennsylvania, which are needed for a federally-recognized Indian tribe to conduct casino-type gaming, has been dismissed. This gaming update looks at the requirements for Indian gaming in a state and summarizes the decision dismissing the Delaware Nation's land claim.
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