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BACKGROUND
On Monday, October 6, 2025, the U.S. Supreme Court released its first order list of the 2025 term, declining to review dozens of petitions for certiorari, including several cases affecting Indian Country and cases in which USET SPF has had amicus involvement.
PETITION DECISIONS
RunItOneTime LLC (formerly Maverick Gaming LLC) v. United States
A commercial gaming plaintiff challenged federal approval of amended Indian Gaming Regulatory Act (IGRA) compacts that, together with a Washington state law, granted exclusivity to Tribal Nation casinos for on-premises sports betting in the state, arguing the compacts violated IGRA and equal protection principles and the federal approvals should therefore be vacated under the Administrative Procedure Act (APA). The lower court dismissed the case, finding the Shoalwater Bay Tribe was an indispensable party under Rule 19 that could not be joined due to its sovereign immunity from suit. The plaintiff argued, among other things, that the federal government could adequately represent Shoalwater in an APA case and thus it was not an indispensable party that required the case to be dismissed. The Ninth Circuit Court of Appeals affirmed the lower court’s dismissal based on Rule 19. SCOTUS has now denied certiorari, leaving the positive rulings in place below.
Apache Stronghold v. United States
Tribal interests sued to prevent transfer of federal land to a copper mining company that would result in the total destruction of the Oak Flat sacred site, arguing such transfer would violate the Religious Freedom Restoration Act (RFRA). The lower courts denied relief. USET SPF joined a Tribal amicus brief before SCOTUS, but the Court denied certiorari in May. The petitioners sought rehearing after the Court issued a related ruling on religious rights. The Court has now denied rehearing, ending the appeal and leaving the negative rulings in place below. Justice Gorsuch would have granted certiorari and rehearing. Fortunately, the transfer of Oak Flat is currently still enjoined due to other pending lawsuits in the lower courts.
Stitt v. City of Tulsa
A Tribal citizen challenged an aggravated speeding ticket issued by the City of Tulsa for a crime allegedly committed on another Tribal Nation’s land. The state courts denied relief, finding that—despite McGirt—Tulsa could exercise concurrent criminal jurisdiction over “non-member Indians” accused of non-Major Crimes Act crimes. SCOTUS has now denied certiorari, leaving the negative ruling in place below. However, other federal court cases dealing with this “non-member Indian” question are now making their way up through the courts. Also, a different case raising questions involving McGirt and the state’s authority to impose income tax (Stroble v. Oklahoma Tax Commission) is now before the Court on a petition for certiorari.
Unkechaug Indian Nation v. Lefton
A Tribal Nation sued to prevent New York from enforcing state eel fishing regulations on reservation lands and customary fishing waters. The lower courts denied relief, and the Tribal Nation appealed to SCOTUS, arguing the appellate court failed to follow proper evidentiary standards. The Court has now denied certiorari, leaving the negative rulings below in place. USET SPF has filed an amicus brief in another case raising issues regarding New York infringing on aboriginal fishing rights, and the federal district court issued a negative decision in that case last week (Silva v. Farrish).
Cases discussed in this alert: RunItOneTime LLC (formerly Maverick Gaming LLC) v. United States, No. 24-1161 (U.S.); Apache Stronghold v. United States, No. 24-291 (U.S.); Stitt v. City of Tulsa, No. 25-30 (U.S.); Unkechaug Indian Nation v. Lefton, No. 24-1240 (U.S.); Stroble v. Oklahoma Tax Commission, No. 25-382 (U.S.); and Silva v. Farrish, No. 18-cv-3648 (E.D.N.Y.)
For more information, please contact Liz Malerba, USET SPF Director of Policy and Legislative Affairs, Katie Klass, USET SPF General Counsel, or Taylour Boboltz, USET SPF Staff Attorney.
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