Here are the new materials in Tohono O’Odham Nation v. Mullin (D.D.C.):
Prior post here.

Yesterday, 130 federally recognized Tribes and 15 Tribal organizations filed an amicus brief asking the Supreme Court to grant review in Flaherty v. KalshiEX.
The case comes from the Third Circuit and doesn’t include a Tribal party. The amici acknowledge that “issues with this great an impact on Indian country ought to be decided in cases where Tribes themselves are parties.” But they argue that the Court shouldn’t wait.
New Jersey’s petition gives the Court an opportunity to resolve a conflict among three courts of appeals. The Third Circuit sided with Kalshi, while the Sixth and Ninth Circuits rejected its claim that federal commodities law displaces state gaming regulation. The Ninth Circuit later applied similar reasoning under IGRA in the Tribal-party litigation in Blue Lake Rancheria. In Blue Lake, the Ninth Circuit held that two Tribes were likely to establish that Kalshi’s sports contracts constitute unauthorized class III gaming when entered from their lands.
The brief’s introduction opens with a sharp analogy. “For centuries, prospectors have encroached on Indian lands, stealing gold, minerals, and other vital resources.” Quoting Justice Gorsuch’s dissent in Castro-Huerta, it adds, “Still, it seems old habits die slowly.”
“Today’s prospectors are so-called prediction markets,” the amici write. They argue that Kalshi is entering Indian lands without Tribal authorization, violating IGRA, and competing for revenue that supports Tribal governments.
The brief ends where it began. The Court shouldn’t leave the issue unresolved while prediction markets “plunder Indian resources in a modern-day gold rush.”
California Indian Legal Services, Escondido, CA
Provide legal services to Native American Individuals and Tribes in variety of areas in Federal Indian law. Duties include: Represent Tribes in ICWA cases; Contract review and negotiation; Indian will drafting; brief counsel and advice to low-income individuals; record clearing; develop and implement codes and policies
J.D. Degree and California State Bar membership; Demonstrated knowledge of Federal Indian Law; 1-3 years experience practicing law
Salary: $77,035 – $102,132 Open until filled https://recruiting.paylocity.com/Recruiting/Jobs/Details/4554176
Mshkawzi Law LLP, Michigan California Washington D.C.
Mshkawzi Law, LLP is a 100% women-owned and majority Native-owned law firm that provides legal services exclusively to Indian tribes, First Nations, and their business enterprises throughout the United States and Canada. We are currently seeking second and third year law students to serve as law clerks during the Summer 2027 semester. Candidates must have the ability to build and maintain strong client relationships and must be willing to travel for work on client matters. Preference will be given to law students who demonstrate an established commitment to Indian Country and a keen interest in federal Indian law. The ideal candidate will have excellent academic credentials, strong research and writing skills, some familiarity with federal Indian law, must be self-motivated, self-starting, and willing to work in a dynamic atmosphere with remote interaction with our offices, clients and staff across the United States and Canada. Strong writing, interpersonal, analytical, problem-solving, organizational, and communication skills are required.
Pay: $35 per hour Open until 5/1/2026
Please respond to this job posting with your cover letter, resume, law school transcript and writing sample via email to Nicole Stoughton at nstoughton@mshkawzilaw.com
Kickapoo Traditional Tribe of Texas, Eagle Pass, Texas
The General Counsel for the Kickapoo Traditional Tribe of Texas (KTTT) represents and advises the Tribal Council, the Tribal Administrator, and the KTTT’s economic enterprises in all areas of law and specifically federal Indian law and tribal law, on all matters affecting the KTTT government, businesses, and all subsidiaries in-person. The General Counsel’s responsibilities include, but are not limited to, providing legal advice and analysis of Tribal, state, and federal laws and regulations, specifically in relation to issues involving Tribal sovereignty, civil and criminal jurisdiction, contracts, employment law, federal Indian gaming, federal grants, placing land into federal trust status, business entity formation, Tribal and corporate governance, construction, the Indian Child Welfare Act, and water and environmental law and policies; drafts and revises the Tribal Constitution, Law and Order Code, other Tribal laws, ordinances, and policies of interest to the KTTT; and represents the KTTT and its subsidiaries in court or before quasi-judicial or administrative agencies of any government. Works with and/or supervises other attorneys representing the KTTT as contract attorneys. Collaborates with legal representation in the United Mexican States. “Minimum Qualifications:
•Earned a Juris Doctor (J.D.) from an ABA accredited law school;
•Must be licensed to practice law in the State of Texas or gain admission to the Texas Bar of Texas within one (1) year of hire;
•Must remain in good standing within any jurisdiction where licensed to practice law;
•3-5 years of demonstrated legal experience representing Native American Tribal governments and businesses in commercial, judicial, administrative, and legislative issues;
•Successful completion of background check necessary to obtain attorney licensure;
•Must be admitted to practice before the Kickapoo Traditional Tribe of Texas Tribal Court within one (1) year of hire;
•Responsible to ensure that all KTTT and attorney licensure-related documents are current and valid; and
•Reports daily on-site at the designated workplace location.
Preferred Qualifications: Fluent in Spanish or Algonquin language speaking and writing; experience with international commercial law and diplomacy; Law School certificate, L.L.M. degree, M.B.A., M.A./M.S., or Ph.D./Ed.D. involving federal Indian law, tribal governance or tribal administration, or similar course of study.
NATIVE AMERICAN PREFERENCE IS OBSERVED:
KTTT recognizes preference for KTTT tribal members and qualified enrolled Native American tribal members including preferential treatment in recruitment, hiring, promotions, layoffs and reductions in force so long as candidates meet all minimum job qualifications.
Salary Depends On Qualifications (DOQ) Open Until Filled https://kickapootexas.org/job-opportunities-2/
Reno-Sparks Indian Colony, Reno, NV
The Staff Attorney works under the direction and supervision of the Senior Staff Attorney to provide legal counsel and representation to the RSIC Tribal Chairman, Tribal Council and staff on legal and quasi-legal matters as directed by the Senior Staff Attorney.
Duties:
•Prepares and renders legal opinions concerning the RSIC, it’s functions, jurisdiction, procedures, and policies and performs the necessary legal research to support these opinions;
•Create a searchable data base of RSIC ordinances, laws, resolutions, and other RSIC documents, and assist in the development of an RSIC recorder’s office;
•Provides legal assistance in the drafting of documents, ordinances, rules, regulations, applications of diverse kind, and other legal or quasi-legal papers
Graduation from an accredited school of law with a Doctorate of Law degree at time of hire; $123,094.40 – $151,390.59 open until filled https://rsic.isolvedhire.com/jobs/1828327
Kewenvoyouma Law, PLLC is seeking a motivated, self-driven, and ambitious full-
time associate (although, for the right candidate part-time may be considered).
Kewenvoyouma Law, PLLC is a 100% Indian owned boutique law firm providing legal
services exclusively to Indian tribes, tribal business enterprises, tribal agencies, and
tribal entrepreneurs. Our firm provides services in the area of Indian law, business
transactions, economic development, finance, gaming, and all areas of tribal
government. We are proud to assist as day-to-day general or special counsel for tribes
and corporate counsel for tribal business.
Qualifications, Requirements, and Preferences:
J.D. Degree from an A.B.A accredited law school with a preference of state bar
licensure in California, Arizona and/or Oklahoma.
Preference 0-10 Years of experience (this is not necessarily legal experience, but
may include business or tribal affairs experience as well)
Demonstrated education or experience in federal Indian law
Strong research, analytical and writing skills
Transactional law, business law, economic development, and gaming experience a
plus
Virtual is an option for the right fit
Applicants should submit the following information:
Cover Letter
Resume
Writing Sample
Transcripts (if graduated within 0-4 years)
Three references
Please submit information via email to gina@vtklaw.com. Please contact Gina Ortiz at
480-428-4590 with any questions. Native American hiring preference will be provided
to qualified attorneys.
California Indian Legal Services (CILS) is the oldest public interest Indian
rights law firm in the country, promoting the fundamental rights of California Tribes and
Indians through litigation, legislative and administrative advocacy, community
development, and other strategies for systemic change. CILS provides a full range of legal
representation to California Indian Tribes and Indian organizations, advocates for the rights
of California Indians at the local, state, and national levels, and provides direct services and
community education to low-income Native American individuals on issues related to
Federal Indian Law and Tribal law. Currently, CILS offers services statewide and maintains
four offices throughout California – Eastern (Bishop), Southern (Escondido), Northern
(McKinleyville), and Central (Sacramento). This position is in the Southern Office, located in
Escondido, CA. For additional information about CILS, go to our website at
Job Description
Supervised by the Directing Attorney, the Staff Attorney will work collaboratively with other
staff to provide exceptional legal services in all areas of Federal Indian law. Our fast-paced
office provides legal services on issues of jurisdiction, tax, estate planning, trust assets,
environmental law, natural resource development, tribal governance, employment, and the
Indian Child Welfare Act (ICWA). The Staff Attorney will assume a varied caseload that may
include: brief counsel and services to low-income Indian individuals; state and federal court
litigation; contract negotiation; advising tribal clients; developing and implementing
constitutions, codes, and policies for tribal clients; and making community presentations.
The Staff Attorney will be expected to appear on behalf of tribal clients in state dependency
actions where the ICWA is applicable. Staff Attorney client development responsibilities
include developing and maintaining effective relationships with tribes and Indian
organizations in the service territory, including all funding sources, and ensuring that the
office pursues and secures meaningful opportunities to work with tribes, Indian
organizations, and Indian individuals throughout the service territory. Client development
includes all CILS funding sources (grants, contracts, donations, etc.).
Staff Attorneys also collaborate with Directing Attorneys and the Director of Legal
Programs for legal work management that includes Staff Attorney mentoring and
supervision, assistance and administration of local legal work management systems, and
grant and special project development and implementation, as directed by the Directing
Attorney and/or the Director of Legal Programs.
Requirements
Required Qualifications
J.D. and California bar membership in good standing.
Demonstrated knowledge of Federal Indian law with at least 1-3 years of experience
practicing law.
Excellent communication, writing, and organizational skills.
Strong work ethic and able to work nights and weekends when many Tribal councils
meet.
Ability to travel overnight and a valid driver’s license.
Solid understanding of Native Americans and Tribes in California.
A commitment to providing high-quality legal services for Native Americans.
Ability to work independently, as part of a team, and to take initiative.
Location: This position is in person in the Southern Office (Escondido, CA). Mondays
through Fridays with optional teleworking on Mondays and Fridays.
Wage: Competitive salary: 77,435-102,132
CILS creates job position wage and salary ranges using data from California non-profit legal
services annual data sources; employees are placed within a range depending on degrees,
certifications, experience, qualifications, and other factors.
How to Apply: Submit a resume, cover letter, three professional references, and a writing
sample. We will accept applications until the position is filled, but CILS does not accept
incomplete applications.
Open Position(s):
Staff Attorney 15/16 – Corrections Division
Staff Attorney 15/16 – Transportation Division
Staff Attorney 15/16 – Finance Division
All have a closing date of 10/19/26
Federal Reserve Bank of Minneapolis
The Federal Reserve Bank of Minneapolis seeks a seasoned applied researcher to lead a talented team of economists, data scientists, and research assistants focused on understanding how low- and moderate-income individuals, households, and communities—across the 9th District and Indian Country—are faring economically. This leadership position within our Community Development and Engagement (CDE) division leads their own work and shapes the work of our applied research team to inform public policy discussions through applied research, analysis, and convenings. Our work is currently focused on three areas: housing and homeownership, labor market policies, and Native economies through the Center for Indian Country Development (CICD). CICD is a national research and policy institute advancing our understanding of Indian Country economies through actionable data and research.
The research team in CDE is responsible for shaping the research aspects of these focus areas by conducting our own applied research and analysis. The team partners with our division’s policy and engagement functions to shed light on community conditions and contribute issue-specific expertise to inform the strategies of our initiatives. This partnership brings research and practice to informed audiences of practitioners, policy makers and other community leaders.
Qualifications:
*Doctorate in economics, public policy, or a related field
*8-10 years of experience; and prior supervisory or management experience is preferred.
*Track record producing and managing quantitative research related to lower-income individuals or communities. Demonstrated experience managing research leading to changes in policy and/or programs. Familiarity with research on housing and labor markets and/or Native economies preferred.
*Proven leadership and strategic vision, including a forward-thinking orientation, an ability to work productively on a multi-disciplinary team, supporting and motivating professional staff, and influencing positive outcomes aligned with an organization’s vision, values, and goals.
*Demonstrated ability to present research findings in an array of accessible formats to reach a broad audience of stakeholders from experts to the informed public. Experience supporting a communications strategy (publications, website, social media) preferred.
*Demonstrated ability to foster a creative and innovative environment. Excellent skills developing and motivating team members. Ability to support staff with innovation in a larger division and institution.
*Demonstrated ability to foster a team-oriented and collaborative approach. Demonstrated ability to build research partnerships across organizations and a broad network is preferred.
The salary range is $158,500-286,500. Salary and position offer will be based on qualifications/experience of the candidate, alignment with market data, the needs of the position, our total compensation package, and internal equity.
Tulalip Tribes Tulalip Reservation (WA)
Provide crucial legal counsel and representation to tribal leadership, government, and key commercial entities—including the Tulalip Gaming Organization, Tulalip Tribal Federal Corporation, and Quil Ceda Village. This economic development-focused role will advise on business, governance, regulatory, and operational matters while protecting Tribal sovereignty and economic interests across tribal, state, and federal jurisdictions. “-Five years experience practicing law
-Three years experience working with Indian tribes
Salary: $175,000-$250,000 DOE Open Until Filled https://tulaliptribes-nsn.gov/documents/Reservation-Attorney-Business-Job-Description-20260721.pdf
Michigan State Housing Development Authority
This senior-level position reviews and analyzes complex multi-family loan proposals, conducts multi-family initial and final closings and prepares MSHDA legal documents associated with these closings; reviews and evaluates proposed and current MSHDA programs; drafts and/or reviews and edits proposed legislation and rules, program parameters, procedures and policy and/or office bulletins; interprets federal regulations and programs and provides guidance on putting MSHDA programs into compliance with federal requirements; may act as a hearings officer in informal administrative hearings upon request; creates templates for complex legal documents for various programs; reviews real estate and bond closing documents upon request for MSHDA limited obligation and, if assigned, general bond obligations; drafts Staff Reports, resolutions and selected documents for pass-through (limited obligation) bond closings; conducts research on various legal matters; consults and liaisons with the Department of Attorney General on various matters; provide specialized guidance on the Freedom of Information Act, the Open Meetings Act, MSHDA Administrative rules and real estate owned transactions; mentor less experienced attorneys and performs related work as assigned by the Director or Deputy Director of Legal Affairs.
Pay: $34.54-$73.79
by Anna V. Smith, High Country News
October 5, 2026

The Smokehouse Tidal Marsh project on the Swinomish Indian Reservation, which began in 2022, will turn 250 acres of former agricultural land into estuaries and wetlands. It’s one of many tribal community projects aimed at restoring endangered and threatened populations of Puget Sound chinook salmon, Puget Sound steelhead, bull trout and southern resident killer whales in the Skagit River Watershed. A primary cause of decline for each of these species is habitat loss and degradation caused by development and agriculture.
“Over the past 150 years or so, there’s been significant damage to the habitat, and (the habitat is) what salmon needs,” said Swinomish Tribal Indian Community Chairman Steve Edwards, who has fished in the area for over 50 years.
In July, the Trump administration dealt a massive blow to tribal efforts when it finalized changes to the federal government’s interpretation of the 1973 Endangered Species Act. Previously, the definition of “harm” to a species included the habitat and resources a species needs to survive. Now, agencies will interpret “harm” to mean only the intentional killing or harming of an individual of a species, dramatically narrowing the reach and scope of the law formerly focused on ecosystem-wide protection.
On July 14, the same day the rule change was finalized, the Swinomish and Squaxin Island tribes sued the federal government over its “radical reinterpretation” of the law, arguing that the Trump administration’s changes ignored over 50 years of congressional intent and Supreme Court case law.
“Squaxin’s cultural and economic well-being depend upon the health and sustainability of Pacific Salmon and other freshwater and marine resources, which play a central role in the daily lives of Tribal members,” the tribes wrote in the lawsuit.
Chairman Edwards told High Country News that federal agencies never responded to the Swinomish Tribe’s request for government-to-government consultation, despite the United States’ trust obligation to Native nations.
“Over the past 150 years or so, there’s been significant damage to the habitat, and (the habitat is) what salmon needs.”
“It feels almost like we’ve been betrayed by our federal trustees,” Edwards said of the change, which he said diminishes their treaty rights. “It’s super disturbing that we had to fight this fight.”
Many Native nations opposed the changes in public comments when they were proposed in 2025. They highlighted the lack of tribal consultation, as well as the devastating impacts the new interpretation could have on the recovery of imperiled species, many of which have cultural, spiritual and relational meaning and importance to tribal citizens.
The change could also disrupt fishing communities’ economies and deprive those who rely on salmon for subsistence.
While the majority of the comments came from Native nations in the Pacific Northwest and were related to salmon, others came from tribes like the Pueblo of San Felipe, which cited impacts on the monarch butterfly and Suckley’s cuckoo bumblebee. The Fallon Paiute-Shoshone Tribe voiced concern for the Dixie Valley toad, which the tribe considers a relative.
“It is obvious that removing water from a species that needs water to survive harms both individual members of the species and the species’ population,” wrote Fallon Paiute-Shoshone Tribe Chairwoman Cathi Williams-Tuni, about the change and the potential impacts of a nearby proposed geothermal project.
That geothermal project was halted in 2022 after the toad was listed as endangered, but the Trump administration’s changes could allow it to resume.
“These harms in Dixie Valley would be catastrophic, permanently ruining the Tribe’s sacred site and ending the ability to use the springs for medicine and ceremonies,” said Williams-Tuni in public comments.
The tribes asked the court to prevent the regulatory changes from moving forward, which took effect Sept. 14, and requested a decision declaring the changes unlawful and reverting to the previous definitions of “harm.” Although they hope for a timely response, the tribes are prepared for the lawsuit to take months to resolve.
The rule change is advantageous for developers and industry, who may no longer need to consider or mitigate broader habitat impacts of their actions. Previously, if an activity would destroy habitat in a way that harmed a protected species, the business responsible would have to go through a permit process that normally triggered tribal consultation. Under the new changes, such permits would be required much less frequently, effectively cutting tribes out of the process. The changed definition will also require proof that the harm was intentional, which is something difficult to prove in the legal system, according to Bob Anderson, Oneida Indian Nation visiting professor of law at the Harvard Law School and a member of the Bois Forte Band of the Minnesota Chippewa Tribe.
“Companies won’t have any incentives to negotiate with the government or environmental groups or tribes about how their activities are going to affect the listed species,” Anderson told HCN.
The change could also impact large-scale agreements on rivers with ESA-listed species, according to Anderson. Currently, river systems like the Klamath, Elwha and Columbia all require water to be released from their dams at certain times of year to support the migration and spawning cycles of endangered or threatened salmon, in accordance with the ESA. The new interpretation throws existing agreements and laws into question and would make salmon recovery exponentially harder.
“We’re not even close to delisting these species,” said Kayeloni Scott (Nez Perce and Spokane), executive director of the Columbia River Snake Campaign, a coalition of conservation groups, businesses and the Nez Perce Tribe. “Our goal is abundance — healthy and abundant populations — that’s a whole other level, a whole other tier. Even getting to delisting, we’re pretty far off.”
“It feels almost like we’ve been betrayed by our federal trustees,” Edwards said of the change, which he said diminishes their treaty rights. “It’s super disturbing that we had to fight this fight.”
Anderson believes that the tribes and environmental groups’ legal arguments are strong but added that they involve a level of political risk, given the administration’s reputation for being highly retaliatory. One striking example is that of the Miccosukee Tribe of Indians of Florida, which joined a lawsuit against the administration in July 2025 over the construction of an immigration detention center in the Everglades. That December, President Donald Trump vetoed an unrelated bipartisan bill that would have returned land to the tribe, citing the tribe’s opposition to the detention center as his reasoning for the veto, calling the Miccosukee Tribe “unaligned with my Administration’s policy of removing violent criminal illegal aliens from the country.”
“That’s a real message there to plaintiffs that they’re going to retaliate against you,” Anderson said. “You’re locking horns with the federal government.”
Despite the latest development, Edwards’ priority is upholding the nation’s sovereign rights for future generations. He says the tribe will not stop its restoration work.
“It does impact our sovereignty,” Edwards said of the change to species protections. “Generations down the road, I want (Swinomish citizens) to be able to exercise their treaty rights like I have done in the past.”
We welcome reader letters. Email High Country News at editor@hcn.org or submit a letter to the editor. See our letters to the editor policy.
This article appeared in the October 2026 print edition of the magazine with the headline “Tribes sue over ‘harm’.”
This article first appeared on High Country News and is republished here under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Here are the materials in Lario Oil and Gas Co. v. United States (Fed. Cl.):

When Indigenous food knowledge enters an app, database, research project, digital map, or AI system, who controls what happens to it next? Too often, the institution collecting or storing the knowledge sets the terms.
The UN Special Rapporteur on the right to food, Sofía Monsalve Suárez, is seeking submissions for a thematic report on science, technology, knowledge, and food systems. She’ll present the report to the UN Human Rights Council in March 2027. The call expressly invites Indigenous Peoples’ organizations to submit data, case studies, good practices, shortcomings, and recommendations.
Important Dates
Yesterday’s post on the proposed Head Start rule now has corrected links to two separate resources:
I accidentally replaced the second document while updating the first yesterday. Both correct documents are now available.
Indian Affairs is consulting Tribes on a records schedule that would make many permanent records temporary. Adoption and ICWA files, trust accounting records, and murder case files would become just some of the records eligible for destruction after 50 years; school and other program records would be destroyed after 15 to 25. Because the clocks run from cutoff, decades-old records could qualify upon approval. Indian Affairs hasn’t released the crosswalk or inventories Tribes need to see what’s affected. NARA had published a report in 2024 urging modernization, not these periods. Consultations will occur on the dates below, and comments are due November 30 at consultation@bia.gov.
Register for the online consultations here:
Written comments are due November 30, 2026, at consultation@bia.gov.
NARA is separately holding Tribal listening sessions on the Chicago and San Francisco closures on October 13 at 2 p.m. Eastern and October 15 at 3 p.m. Eastern. Register by sending an email to tribalconsultation@nara.gov with the meeting date you plan to attend to receive the virtual meeting connection information.

You must be logged in to post a comment.