The Civil Jurisdictional Landscape in Eastern Oklahoma Post McGirt v. Oklahoma

Natural Resources Law Insights (Aug. 2020)

4 Pages Posted: 20 Nov 2020

See all articles by Dylan Hedden-Nicely

Dylan Hedden-Nicely

University of Idaho, College of Law

Monte Mills

University of Washington School of Law

Date Written: August 2020

Abstract

The Supreme Court’s decision in McGirt v. Oklahoma has caused considerable unrest in Eastern Oklahoma as non-Indian individuals, businesses, and organizations try to determine how the decision might affect them. That unrest sets the stage for potential conflict and litigation over tribal and state authority in the region. But, while McGirt means that the rules governing civil jurisdiction on Indian reservations now apply to all lands within the Creek Reservation, it is cause for hope, not concern. First, as a practical matter, little is likely to change post-McGirt: tribal civil jurisdiction will mostly remain limited to “Indian lands” while the scope of state civil jurisdiction is also likely to remain largely static, although now subject to a somewhat more complicated and fact-specific inquiry. In addition, Congress has already resolved many potentially disputed jurisdictional issues and others have been avoided through successful intergovernmental cooperation between tribes and the State of Oklahoma. Ultimately, then, this overview of a post-McGirt world demonstrates that there is no reason “why pessimism should rule the day.” Rather than costly winner-take-all litigation or the uncertain outcomes of Congressional politics, the decision instead opens the door for a new era of innovative and effective tribal-state relations.

Keywords: McGirt, Civil Jurisdiction, Tribal Sovereignty, Self-Determination

Suggested Citation

Hedden-Nicely, Dylan and Mills, Monte, The Civil Jurisdictional Landscape in Eastern Oklahoma Post McGirt v. Oklahoma (August 2020). Natural Resources Law Insights (Aug. 2020), Available at SSRN: https://ssrn.com/abstract=3703036 or http://dx.doi.org/10.2139/ssrn.3703036

Dylan Hedden-Nicely (Contact Author)

University of Idaho, College of Law ( email )

P.O. Box 442321
Moscow, ID 83844-2321
United States

Monte Mills

University of Washington School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
206.6163482 (Phone)

HOME PAGE: http://law.uw.edu

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