PRACTICE AREAS

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Indian Law

Expanded Description

General Representation of Tribes

Securing status clarification for non-recognized tribes, both through Congressional Restoration and the Office of Federal Acknowledgement. Among our lawyers' accomplishments are securing Congressional recognition through restoration legislation for two tribes in Oregon, legislation which in both cases reversed the Western Oregon Termination Act of 1954. In addition, our lawyers successfully petitioned the Department of the Interior for administrative acknowledge of tribal status on behalf of three tribes in Western Washington; two of those positive determinations were subsequently reversed and now are working with one of those tribes to re-establish tribal recognition through legislation or litigation.

  • Developing Tribal Constitutions and Bylaws. Our lawyers have worked with tribal clients throughout the west to write Constitutions and Bylaws for newly-recognized tribes and assisted other tribes in revising and updating their organic governing documents.


  • Drafting tribal ordinances on a wide range of subjects. As with the development of tribal governing documents, our lawyers have represented tribes throughout the west in drafting tribal ordinances on a wide variety of subjects.


  • Land Claims. Our lawyers wrote and successfully lobbied through Congress one of the last cases litigated under the Indian Claims Commission Act. The case was filed in 1981 and successfully concluded through settlement in 1985. In addition, our lawyers have worked on several cases involving unextinguished Indian title to land in various states east of the Mississippi River.


    • Protection of Tribal Trust Resources and the Environment

  • Land Claims and Title. Our lawyers' work has dealt extensively with assessing Indian title in a variety of situations and in the context of the federal statutory scheme, including various federal laws which are specific to some tribes and others which affect tribes in specific states. Our Indian Law team works extensively with the most respected historians and ethnohistorians in the country to insure a comprehensive and intellectually honest presentation of the facts in order to secure the best results for our clients.


  • Water Rights. Our lawyers have been in the forefront of major river system issues and have participated in comprehensive settlement negotiations for the Snake River in Idaho and the Klamath River in Oregon and California.


  • Fishing, Hunting and Gathering Rights. Our lawyers have worked with these issues for a number of tribes primarily in the Pacific Northwest and have litigated fishing and hunting rights in both state and federal court, including successful litigation establishing the rights to fish of the non-recognized Chinook Tribe of Washington.


  • Cultural Resource Protection. This critical area of Indian Law continues to increase in importance to our tribal clients and our lawyers' long history of involvement provides special insight into the issues and how to resolve them.


    • Litigation

  • Administrative Appeals. Our lawyers regularly appear before various appellate bodies within the Department of the Interior, including the Interior Board of Indian Appeals and the Interior Board of Land Appeals, as well as the Environmental Appeals Board within the Environmental Protection Agency.


  • Tribal, Federal and State Litigation. Our lawyers have litigated in state and federal courts throughout the United States on a wide variety of issues, and have served as legal advisers to other firms handling matters involving Indian Law issues. In addition, our lawyers have appeared on behalf of clients in tribal courts in various states in the west.


  • Appellate Litigation. Our Indian Law team members are admitted to practice before various federal appellate courts, including the Fourth Circuit, Sixth Circuit, Ninth Circuit, Tenth Circuit.