Mich. Tribe Granted Win In Battle For DOI Recognition

Law360 (March 26, 2020, 3:01 PM EDT) -- A D.C. federal judge has granted a win to a Michigan band of Native Americans that has sought federal recognition for more than 80 years, saying the Bureau of Indian Affairs' 2015 ban on re-petitioning is unjustified.

Judge Amy B. Jackson said Wednesday that the U.S. Department of the Interior's 2015 ban on re-petitioning, which boxed out the unrecognized Burt Lake Band of Ottawa and Chippewa Indians, was "arbitrary and capricious" under the Administrative Procedure Act.

That year, the DOI issued a revision to its Part 83 regulation, which was established in 1978 and outlines the steps tribes must take to...

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