On January 24, 2022, the Supreme Court declined to consider overturning its landmark McGirt v. Oklahoma ruling.  The Court denied thirty-two petitions for certiorari from the State of Oklahoma that sought to overrule McGirt.

The Court’s denials of certiorari send a clear message to Oklahoma that the Court stands by the law and its ruling affirming the existence of the Muscogee (Creek) Nation Reservation, and that it will not engage with Oklahoma’s political requests to overturn that ruling.

Kanji & Katzen, P.L.L.C., was honored to continue to represent the Muscogee (Creek) Nation as amicus curiae opposing Oklahoma’s many petitions.  The Court’s denials are a testament to the Muscogee (Creek) Nation’s continued exercise of robust sovereignty, its efforts to ensure public safety for all Reservation residents, and the strength and persistence the Nation has demonstrated throughout its history.

The order list denying certiorari is here.

Phil Katzen, who founded the firm, with Riyaz Kanji in 2000, has retired from the Washington State Bar Association. He will continue to assist the firm in a consultant capacity on administrative and other matters.

Phil has had a long legal career dedicated to protecting, enforcing, and upholding Tribes’ treaty rights, first at the Native American Project at Evergreen Legal Services (known today as Columbia Legal Services) and later at Kanji & Katzen. Phil spent over three decades of his career working to secure and implement Tribes’ treaty right to take a fair share of shellfish from public and private property in United States v. Washington, the long-running treaty fishing rights case. His involvement with the case started with a memorandum on the Tribes’ shellfish treaty right in 1979. He subsequently represented the Tribes in multi-year negotiations with the State of Washington regarding this treaty right throughout the 1980s, represented the Tribes in litigation to secure this right in the 1990s, and represented the Tribes during implementation of the shellfish treaty right after it was established by the Court.

Phil is known in the Indian Law bar for his commanding knowledge of the law surrounding treaty rights in Washington, his strategic mind, and his generous mentoring of less-experienced attorneys. The firm is fortunate that Phil will continue in a consultant role.

Phil looks forward to serving the firm in his new capacity. He is also excited to continue to spend time with his new grandchild, to play pickleball with his wife and community, and to serve on the board for various nonprofits.

Kanji & Katzen P.L.L.C. is honored to have been named “Native American Law Firm of the Year” for 2021 by Chambers USA.  Chambers notes that “the firm receives universal acclaim, with clients describing the lawyers as ‘among the finest Indian Law practitioners in the country.’”

In addition to being awarded “Native American Law Firm of the Year,” Kanji & Katzen is  again  ranked as a top tier (Band 1) Indian law firm, sharing this honor with only three other firms in the United States.  The firm is described as “an exceptional group of legal minds.  Their strengths are strategizing, dedication to their craft, and passion for their clients.”  Clients attest that “the team is top-notch.  They work well together and are tremendously collaborative, both internally and with clients and co-counsel,” and that one of the firm’s strengths is that “they only take cases that will either benefit all tribes or not hurt other tribes.”

Kanji & Katzen attorneys again received individual nationwide rankings.  Peers describe Riyaz Kanji as “the best litigator in Indian country.  He is a fine individual, confident diplomat, and is kind and considerate.”  Others note that he “is one of the finest lawyers I have worked with.  He is brilliant and relentless for his clients while remaining an absolute pleasure to deal with.”

Cory Albright is described as a “thorough, thoughtful, and very diligent” attorney whose “work and contributions [are] exceptional.” David Giampetroni is described as a “brilliant lawyer” who is “very passionate about his work” and “a very eloquent writer, dedicated researcher, and exceptional strategist.”

All of the attorneys at Kanji & Katzen bring a commitment to ethics, excellence, and creativity, and work tirelessly on behalf of our tribal clients and Indian country at large.  We are honored to be recognized by Chambers USA and to have the privilege of serving Indian nations on issues of vital importance.

On September 25, 2020, the Court of the Appeals for the D.C. Circuit held that state-chartered Alaska Native Corporations (ANCs) are not “Indian Tribes” eligible to share in the $8 billion reserved in the CARES Act for Tribal Governments to fight the COVID-19 pandemic. The Court explained that ANCs do not satisfy the “terms of art denoting federal recognition of a sovereign Indian tribe”— they do not maintain a government-to-government relationship with the United States, and they are not “recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” Therefore, the approximately $500 million in emergency funding set aside by the Department of the Treasury for ANCs must be distributed to federally recognized Indian Tribes and Alaska Native Villages to support essential governmental services. Kanji & Katzen, P.L.L.C. represents the lead Plaintiffs: Confederated Tribes of the Chehalis Reservation, Tulalip Tribes, Houlton Band of Maliseet Indians, Akiak Native Community, Asa’carsarmiut Tribe, and Aleut Community of St. Paul Island.

The Opinion is here:  https://turtletalk.files.wordpress.com/2020/09/opinion-2.pdf