Building Relationships with Tribes and Operating on Reservation Lands: Lessons From
FMC v. Shoshone
On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in
FMC Corporation v. Shoshone-Bannock Tribes. In that case, the Ninth Circuit upheld a tribal court decision requiring FMC Corporation (FMC), a non-Indian business, to pay a tribally-assessed annual permit fee of US$1.5 million to store hazardous wastes from FMC’s phosphorous plant operations on the Shoshone-Bannock Tribes (Tribes) Fort Hall Reservation (Reservation). Given that companies are increasingly engaging with Native American tribes on long-term relationships to develop and operate wind, solar, agriculture, retail, and other projects on tribal lands, the Ninth Circuit’s decision provides a unique and timely opportunity to see how tribal jurisdiction can play out in the context of non-Indian companies conducting business on reservation lands.
Wednesday, January 20, 2021
Building Relationships With Tribes And Operating On Reservation Lands: Lessons From FMC v. Shoshone
On 11 January 2021, the United States Supreme Court declined a petition to review the Ninth Circuit’s decision in
FMC Corporation v. Shoshone-Bannock Tribes. In that case, the Ninth Circuit upheld a tribal court decision requiring FMC Corporation (FMC), a non-Indian business, to pay a tribally-assessed annual permit fee of US$1.5 million to store hazardous wastes from FMC’s phosphorous plant operations on the Shoshone-Bannock Tribes (Tribes) Fort Hall Reservation (Reservation). Given that companies are increasingly engaging with Native American tribes on long-term relationships to develop and operate wind, solar, agriculture, retail, and other projects on tribal lands, the Ninth Circuit’s decision provides a unique and timely opportunity to see how tribal jurisdiction can play out in the context of non-Indian companies conducting busine