Self-determination, sovereignty, and self-governance are central to the continued growth, prosperity, and advancement of tribal communities and are increasingly under attack. Jenner & Block’s nationally recognized Native American Law Practice, led by and primarily composed of enrolled members and descendants of federally recognized tribes, is dedicated to empowering tribal governments and preserving, promoting, and protecting their sovereignty. From Tribal Courts to the US Supreme Court, our team is consistently at the forefront of the most significant issues facing Indian Country and draws on its deep legal and government experience to provide unparalleled service to Native American tribes navigating the complex government-to-government relationship that Indian Country holds with the United States.
In federal courts and beyond, we represent Native American tribes and individual Indians in matters where the ramifications are sweeping and the decisions deeply affect the future. We help ensure their progress and adopt strategic approaches to advance tribal rights.
Due to the multifaceted nature of tribal issues—which are often government- and business-facing—our team works at the intersection of litigation, government relations, administrative law, and economic development. In addition to providing tribes with general counsel services to tackle these issues, we also help companies conduct business with federally recognized Indian tribes. For Jenner, a critical differentiator is that our representation always adheres to a deep and abiding respect for tribal sovereignty. This translates into representation where tribes are in the driver’s seat. Our job is to provide the insight tribes need to make empowered and well-informed decisions and the tools to implement them.
Experience
- Secured a landmark victory before the US Supreme Court in McGirt v. Oklahoma, proving the state has no jurisdiction to prosecute major crimes involving Native Americans in much of eastern Oklahoma. Further solidified the McGirt win by successfully opposing over 40 petitions filed by Oklahoma asking the Supreme Court to overrule McGirt.
- Represented a class of 500,000 individual Indians which established that the Department of Interior had breached numerous trust duties, ultimately settling the case for $3.4 billion.
- In Connecticut v. Zinke, we took over representation of the Mashantucket Pequot in an APA case challenging the failure of the Secretary of the Interior to approve a gaming compact revision. After successfully amending the complaint to include a count that would permit discovery, the US Department of the Interior capitulated and agreed to approve the gaming compact amendment.
- Represented the Cayuga Nation to vindicate its sovereign right to game under the Indian Gaming Regulatory Act (IGRA) when a New York federal judge ruled that the IGRA blocked the Village of Union Springs from enforcing an anti-gaming ordinance against the tribe. The order recognized the Cayuga Nation’s status as a “federally recognized Indian tribe” and resolved over 17 years of litigation between the parties involving complex issues of state, local, federal, and tribal jurisdiction over gaming.
- Represented the Northern Arapaho Tribe in a successful arbitration against an oil company that set the groundwork for the Tribe to self-manage their oil and gas production.
- Represented the Morongo Band of Mission Indians (Morongo Band) in a landmark FERC decision that paves the way for clean energy tribal-private partnerships. The historic agreement allows Southern California Edison (SCE) to upgrade its vital transmission link across reservation lands, with Morongo Transmission, majority-owned by the Morongo Band, having the option to participate in the financing of the project with no increase in cost to SCE's ratepayers.
- Represented the Southern Ute Indian Tribe before the FCC to help secure funding for broadband deployment on the Reservation. We also encouraged the FCC to conduct necessary Tribal Consultation as required by Executive Orders.
- Prevailed on behalf of a tribe in the Pacific Northwest in an arbitration against the State of Washington regarding a cannabis compact dispute.
- Represented numerous tribes in a successful lawsuit in federal court to obtain the release of nearly $4 billion in CARES Act Coronavirus Relief Fund.
- Led sensitive internal investigations on behalf of tribal governments, tribal casinos, and related tribal entities—including those leading to the federal indictment of a sitting tribal chairperson, removal and prosecution of senior tribal financial officials, removal of elected tribal officials, and eradication of a massive drug production operation set up on tribal lands.
- Advised the Washington Football Team on issues arising from the team’s renaming.
Co-Chairs
Co-Chairs