Tribal Challenge To Ca Landowner Put To Rest

Case Study: A group of Native Americans and David Laughing Horse Robinson claim to be the Kawaiisu Tribe, which is not a federally recognized Indian tribe. They challenged Tejon Ranch’s title to 270,000 acres of land, alleging unlawful possession, trespass and violations of the Indian Non-Intercourse Act and the Native American Graves Protection and Repatriation Act.

Mashantucket Pequot Tribe V. Town Of Ledyard

U.S. Court of Appeals for the Second Circuit
Defended successfully the Town of Ledyard’s right to impose and collect personal property taxes on property owned by non-Indians but leased to an Indian tribe and used for gaming activities on a reservation. We obtained the reversal of a district court decision holding that the tax was preempted. 722 F.3d 457 (2d Cir. 2013).

Win-Win For Florida City And Seminoles In A Casino Expansion

Case Study: The Seminole Tribe wanted to expand its existing casino resort, but the impacts of the expansion were objectionable to the citizens of Coconut Creek.

Resort And Casino Construction Dispute

Settled a case favorably for a tribal government after bringing claims against a design-build contractor to recover for design and construction defects in a resort and casino constructed on the reservation.  The case was filed in Superior Court of Arizona, Maricopa County.

Resolving An Intra-Tribal Dispute Provides Security For Client

Case Study: Perkins Coie has represented the Viejas Tribe on a wide range of Indian law and environmental matters for over a decade.  Our work has included developing the tribal code, assisting with off-reservation gaming proposals, obtaining exclusions from critical habitat designations under the Endangered Species Act and negotiating agreements for power line corridors affecting the reservation. 

Peabody Coal Company V. Navajo Nation

U.S. Court of Appeals for the Ninth Circuit
Counsel for the Navajo Nation in arbitration and litigation relating to a royalty dispute arising from a major coal mining operation on Navajo land.  Court of Appeals affirmed that federal courts had no jurisdiction over Peabody's royalty claim. 373 F.3d 945 (9th Cir. 2004)

M&A Counsel For Beneficial Use Of Designated Lands

Case Study: Cook Inlet Region Inc. (CIRI) is an Alaska Native Claims Settlement Act (ANCSA) corporation based in Anchorage.  Perkins Coie has represented CIRI in a variety of environmental, natural resource and land selection issues for decades. 

Klamath Tribes Of Oregon, Et Al. V. Pacificorp

U.S. District Court for the District of Oregon
Obtained summary judgment in favor of PacifiCorp against claims that plaintiffs suffered over $1 billion in damages because of harm to salmon fishery caused by dams on the Klamath River; the case was affirmed on appeal.

Federal Acknowledgment Of Indian Tribes

Represented a school, a local business council and a town in Connecticut, successfully defeating three well-funded petitioners seeking to open large-scale casinos by obtaining federal acknowledgement of new Indian tribes.

Delaware Nation V. Commonwealth Of Pennsylvania

U.S. Court of Appeals for the Third Circuit
Defended the Governor of the Commonwealth of Pennsylvania against a land claim by the Delaware Nation based on the Indian Intercourse Act and federal common law.  The tribe claimed that it was entitled to a parcel of land that it alleged had been sold without federal approval.  The court decision we won affirmed that the land had been validly transferred, that the commonwealth had not violated federal law and that the commonwealth’s exercise of jurisdiction over the land was sound.

Defeat Petitions For Recognition Of Indian Status

Case Study: Perkins Coie successfully represented the Connecticut clients in defeating three well-funded tribal petitioners in 2004 and 2005.

Connecticut V. Babbitt

U.S. District Court for the District of Connecticut
U.S. Court of Appeals for the Second Circuit
Represented three Connecticut towns in administrative review, litigation and negotiation to prevent the Mashantucket Pequot Tribe from expanding trust land for gaming-related purposes.

Clark County V. Salazar

U.S. District Court for the District of Columbia
Challenged the Secretary of the Interior’s decision to acquire land in trust for the Cowlitz Indian Tribe for a casino-resort on behalf of citizen groups and local businesses.  The court ordered the secretary to rescind the trust decision after we proved that the Bureau of Indian Affairs made an arbitrary and capricious decision to designate the land as an initial reservation eligible for gaming.  The secretary subsequently issued a new decision with a new rationale, and a second phase of litigation followed.  The second case raises challenges under the Administrative Procedure Act, Indian Reorganization Act, Indian Gaming Regulatory Act and National Environmental Policy Act.  In addition, the case has tested what constitutes a tribe under the U.S. Supreme Court decision Carcieri v. Salazar, 555 U.S. 379 (2009). 

Cd-5 Oil & Gas Development Dispute By Arctic Slope Regional Corporation

Representing the mineral estate owner ASRC in federal court litigation concerning a challenge to ConocoPhillips’ proposed development of the CD-5 oil and gas field in the National Petroleum Reserve in Alaska.  A motion by the plaintiffs to enjoin the project was denied, and the case is ongoing.  We also represent ASRC on a wide range of other issues, including Alaska Native Claims Settlement Act rights and environmental compliance.  ASRC, headquartered in Barrow, Alaska, is a for-profit corporation with nearly 11,000 Alaska Native shareholders primarily of Iñupiat Eskimo descent.