In recent news:

• Significant victory under fee-shifting provision of Clean Air Act in United States Court of Appeals for the District of Columbia Circuit

The firm recently won a significant victory on the issue of attorneys' fees under the Clean Air Act in the United States Court of Appeals for the District of Columbia Circuit in New Jersey v. E.P.A., --- F.3d ---, 2011 WL 6352310 (D.C. Cir. 2011). In the underlying case, the firm represented the National Congress of American Indians and a coalition of Indian Tribes and Nations across the country in a treaty-rights-based challenge to the EPA's 2005 relaxation of mercury emissions regulations. See New Jersey v. E.P.A, 517 F.3d 574 (D.C. Cir. 2008). On the fee petition, the EPA argued that the Tribes were ineligible for attorneys' fees because they appeared as intervenors and had premised their challenge on treaty rights, while the Court resolved the case on statutory interpretation grounds primarily argued by environmental groups (though fully joined by the Tribes) and did not address the Tribes' treaty-based arguments. In a decision with potentially critical implications for tribes and others in multi-party challenges to federal environmental laws, the Court fully endorsed the firm's interpretation of Supreme Court and other federal precedent in concluding that the Tribes "offered two substantial arguments based on . . . treaty rights, arguments that petitioners lacked standing to make. True, we never reached the Tribes' arguments, but that is immaterial. By giving us alternative bases for resolving the case - bases petitioners were unable to offer - Tribal Intervenors contributed to the proper implementation and administration of the [Clean Air Act] or otherwise serve[d] the public interest. . . . In our view, their contribution is precisely the type section 307(f) seeks to incentivize." 2011 WL 6352310 at *2.

• Wenona Singel Nominated by President Obama

Wenona Singel (Of Counsel) has been nominated by President Obama to serve as a member of the Advisory Board of the Saint Lawrence Seaway Development Corporation, a federal agency. The Seaway is surrounded by nineteen territories of the Haudenosaunee along the Saint Lawrence River and Lake Ontario. If confirmed, Professor Singel's work on the Board will entail significant cooperation with Indian tribes and nations in both the United States and Canada on environmental, archeological and cultural preservation issues raised by the use and development of the Saint Lawrence Seaway. Professor Singel's nomination was sent to the United States Senate on September 6, 2011.

• Cory Albright Addresses National Intertribal Tax Alliance Annual Conference

In September 2011, Cory Albright was invited to speak at the National Intertribal Tax Alliance annual conference at Santa Ana Pueblo in New Mexico. Mr. Albright's presentation focused on the impacts of the Prevent All Cigarette Trafficking Act of 2009 ("PACT Act") on Indian tobacco economies and tax programs, the implementation of the PACT Act by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, the enforcement of the PACT Act against Indian nations and their members, and litigation challenging the constitutionality of the Act.

• Riyaz Kanji Recognized by Chambers and Partners

Riyaz Kanji was again recognized by Chambers and Partners in its annual review as a Notable Practitioner in its "Native American Law: Nationwide" category. Chambers described Mr. Kanji as "a superb litigator and a leading choice for appellate cases. He is recognized for his focus on core Native American issues... 'He is strategic with his litigation tactics and extremely approachable.'" See the Chambers and Partners review.

• Successful Land Into Trust Acquisitions in the Wake of Carcieri v. Salazar

The firm has successfully represented two Tribes in 2011 in their efforts to have the United States take land into trust on their behalf in the wake of the Supreme Court's decision in Carcieri v. Salazar. The United States accepted a 13-acre parcel of land into trust for the Grand Traverse Band of Ottawa and Chippewa Indians in Michigan, which will be used to meet the Band's vital member housing needs, and a 1.64 acre tract for the Sauk-Suiattle Indian Tribe in Washington Stat, which parcel is of tremendous historic and cultural significance to the Tribe. In both cases the United States agreed with the firm's arguments that the Tribes were "under federal jurisdiction" in 1934 for a host of legal and historical reasons and hence entitled to the benefits of the Indian Reorganization Act under the legal standard set out by the Carcieri Court.

The firm remains deeply involved in Carcieri issues, including in efforts to have a Carcieri fix enacted by Congress and to work with the Department of the Interior on Carcieri matters in the meantime.

• Tribal Membership Confirmed

The firm recently secured victory in defending a family of tribal members against a longstanding tribal membership disenrollment action. After taking over the matter, the firm argued that, under the express terms of the Tribe's own enrollment ordinance, the disenrollment action against the members had been unlawful since its inception. Ultimately, the Tribe agreed and stipulated to dismiss the action with prejudice. (Note: this matter represented an exception to the firm's general policy of not taking matters adverse to Indian nations, even on behalf of tribal members. This matter was exceptional because of the extremely compelling equities involved. The firm retains a strict policy against representing non-Indian entities or individuals in matters adverse to Indian nation interests.)