Native American Law

Among the Natural Resources Section’s varied work are issues of Indian law. The Section’s docket includes suits by Indian Tribes (or individual Indians or allottees) challenging the federal government’s administration of Indian lands and Indian resources, decision-making regarding federal recognition of Indian Tribes, and federal action that implicates Tribal self-government, including matters relating to Tribal membership and the adoption of Tribal constitutions.

Our Indian law litigation involves claims under treaties and, among other statutes, the Indian Reorganization Act, Indian Gaming Regulatory Act, National Historic Preservation Act, Alaska Native Claims Settlement Act, Native American Grave Protection and Repatriation Act, and Quiet Title Act. The Section also litigates Tribal trust cases—suits seeking money damages or injunctive relief for alleged breaches by the federal government of the substantive sources of law that define the unique relationship between the United States and Indian Tribes.

The Natural Resources Section’s Indian law work is primarily defensive, although we are often involved in disputes brought by Tribes challenging a federal decision to provide services to, or further the interest of, another Tribe. We also bring affirmative civil cases on behalf of the National Indian Gaming Commission to enforce temporary closure orders of gaming establishments and final orders, including requests for civil penalties.