Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Over the past few years, federal courts have seen an influx of cases involving challenges to “payday” lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration…
Balancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency consideration of “Native American culture” not enough to demonstrate narrowly tailored compelling interest
In Northern Arapaho Tribe v. Ashe,[1. 2015 WL 1137487, No. 2:11-CV-00347-ABJ (D. Wyo. Mar. 12, 2015).] the United States District Court for the District of Wyoming contrasted two tribes’ eagle interests, the First Amendment, the Bald and Golden Eagle Protection Act, and the Supreme…
D. C. Circuit Invalidates Indian Country Air Quality Rule
On Friday, January 17, 2014, the United States Court of Appeals for the District of Columbia Circuit vacated that portion of the Environmental Protection Agency’s (“EPA”) 2011 regulation entitled “Review of New Sources and Modifications in Indian Country,” 76 Fed. Reg. 38,748 (codified at 40…
The Grand Canyon Sky Walk, Continued: Bad Faith, Jurisdiction, and Who’s On (the Bench) First
The Case: In the latest round of the multi-pronged litigation, Grand Canyon Skywalk Development, LLC v. ‘Sa’ Nyu Wa, Inc., (GCSD I),[1. No. CV-12-08183-PCT-DGC (D. Az. Feb. 11, 2013).] the Ninth Circuit Court of Appeals entered a significant decision on April 26, 2013,…
Grand Canyon Sky Watch Arizona Federal Court Addresses Arbitration Enforceability
The Case: The order entered February 13, 2013, in Grand Canyon Skywalk Development, LLC v. ‘Sa’ Nyu Wa, Inc.[1. No. CV-12-08183-PCT-DGC (D. Az. Feb. 11, 2013).] reflects important principles supporting the enforceability of arbitration awards when a dispute arises in economic development in…