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American Indian Law

Morgan Lewis offers in-depth understanding and analysis of the complex issues concerning American Indian law and policy, working to resolve disputes and facilitate transactions for both Indian and non-Indian clients. Our team assists in matters implicating tribal sovereignty, as well as the economic and governmental interests of native peoples. We handle matters related to land use, gaming, taxation, energy development, financial instruments and indebtedness, civil and criminal jurisdiction and tribal courts, and intergovernmental relations.

Our team includes some of the top authorities in the United States on American Indian-related laws, including the Indian Civil Rights Act and the Indian Gaming Regulatory Act.

Indian Gaming

Intimately familiar with the universe of issues surrounding Indian gaming and tribal-state compacting for casinos, our lawyers have a thorough understanding of the federal laws authorizing Indian gaming activities and the consequences of requiring tribes to enter compacts with states to engage casino-style gambling. We have represented numerous parties in matters involving Indian casino developments and have worked on major casino insolvency and restructuring issues. 

Land Use, Environmental & Other Matters

Our team advises on highly complex environmental and land use matters involving Indian tribes, such as water rights, the siting and development of waste facilities, and energy projects, including a rare major oil and gas development approved on federal lands without court challenge by environmental opponents. We also have engaged in large-scale environmental litigation involving interaction with state and federal agencies, local water districts, private companies, and tribes, including matters with significant constitutional law implications.

Additionally, we have appeared before tribal courts, as well as federal and state courts, in disputes involving tribal leadership and tribal finances.

Pro Bono

Morgan Lewis has won important US Voting Rights Act victories on behalf of American Indians, including helping to negotiate a settlement that provided for the first time that Alaska’s Official Election Pamphlet be translated into Alaska Native languages and dialects, and winning a preliminary injunction that blocked implementation of a North Dakota voter identification law. We also have represented American Indians who were banished from their tribes.

Select Matters Handled By Our Lawyers

  • Advised financial guarantors on the multibillion-dollar financial restructuring of a major Indian-owned gaming facility
  • Represented a bank in tribal court in a dispute with tribal leaders involving the deposits and accounts maintained by the tribe and its wholly owned unincorporated enterprise
  • Advised a California citizens group on the proposed taking by the US Bureau of Indian Affairs of five parcels encompassing more than 1,400 acres
  • Represented the financial guarantor in a potential tribal restructuring, including review of and advice relating to the tribe’s senior special revenue obligations
  • Advised an apparel retailer on potential defense of claim alleging violation of Indian American sales tax exemption
  • Represented an indentured trustee and bondholders in the workout of a Pacific Northwest Indian casino
  • Represented a tribe regarding the taking of certain land in trust for the benefit of the tribe
  • Represented a petroleum company on a notice of claim under the US Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), and Cherokee Environmental Quality Code for natural resource damages