Jena MacLean leads Perkins Coie’s Native American Law & Policy practice, which advises clients on issues relating to Indian tribes, Alaska Native corporations and villages, and tribal lands. Her practice focuses on the fee-to-trust process, tribal gaming approvals, compact negotiations, and infrastructure, natural resource, and economic development projects on tribal lands. An experienced litigator, Jena handles complex civil litigation involving the scope of tribal sovereign immunity and treaty rights, gaming disputes, fire claims and other torts, and federal preemption questions. She also handles cases arising under the Administrative Procedure Act, including challenging federal regulations and federal agency decisions.
Jena has represented clients before the U.S. Supreme Court, numerous federal appellate and trial courts, and state courts. She also provides clients regulatory counseling on matters pending before the Bureau of Indian Affairs (BIA), the National Indian Gaming Commission (NIGC), the Environmental Protection Agency (EPA), the Bureau of Ocean and Energy Management (BOEM), the United States Army Corps of Engineers (COE), and the Advisory Council on Historic Preservation.
With experience in a wide range of environmental and Indian laws, including the Indian Reorganization Act of 1934 (IRA), Indian Gaming Regulatory Act (IGRA), National Indian Forest Resources Management Act (NIFRMA), National Environmental Policy Act (NEPA), Clean Water Act (CWA), National Historic Preservation Act (NHPA), and Endangered Species Act (ESA), Jena has a proven track record of effectively helping clients navigate complex challenges involving Indian tribes and tribal lands.