Defense of Agency Decisions
The Indian Resources Section litigates a significant number of defending decisions of the Department of the Interior that promote tribal interests. These cases include defense of administrative decisions to take land into trust for a Tribe or to approve gaming. The Division also defends against challenges to the constitutionality of statutes relating to Tribes and Tribal resources. In recent years, ENRD has undertaken extensive litigation defending the constitutionality of the Indian Child Welfare Act, the Indian Gaming Regulatory Act, provisions of the Indian Reorganization Act, and various Tribal water rights settlement acts.