Manuel Lewis has posted “The Decline of the Administrative State and its Potential Effects on Tribal Sovereignty” on the Michigan Journal of Environmental and Administrative Law’s blog.

An excerpt:

The federal government of the United States, including federal agencies, owes a trust responsibility to Tribes. The contemporary federal administrative state has given greater authority over agency decisions to the federal judiciary while simultaneously reducing government funding for various agencies’ operations. As a result, it is unclear that the federal government will continue to adhere to its trust responsibility in agency actions. Failure to account for Tribal governments in the current administrative state is a violation of the United States’ duty to Tribes and calls for greater advocacy to ensure the protection of Tribal interests—both in federal agencies and in federal courts.