Indian tribes are uniquely situated
under tribal, state, and federal law. Shute, Mihaly, and Weinberger has long-standing experience navigating this intricate legal landscape to promote tribal interests and protect tribal heritage.
Cultural Resource Protection
Cultural resources are unique and irreplaceable. The firm regularly supports efforts by federally recognized and non-federally recognized tribes to ensure their protection. We have deep expertise in federal and state law affecting these resources, including the National Historic Preservation Act, the Native American Graves Protection and Repatriation Act, National Environmental Policy Act, and California Environmental Quality Act (including AB 52). When resources are threatened by proposed development, we assist tribes in navigating government-to-government consultation, negotiating tribal monitoring agreements, and working with regulatory agencies to develop appropriate mitigation. SMW also assists Indian tribes and tribal organizations in the acquisition of land for cultural access and resource protection.
Tribal Jurisdiction & Governance
SMW understands the long-standing complexity of tribal jurisdiction, sovereignty, and governance. We aim to help our clients navigate these issues with clarity, particularly as they relate to land use and regulation. The firm’s expertise includes litigation in tribal, state, and federal court. SMW also regularly advises clients on tribal governance, including the drafting of tribal ordinances and other laws.