GC Times Talk

The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and gas industry was almost instantaneous. Roughly twenty-five percent of Oklahoma's oil and gas wells and sixty percent of its oil refineries are located on land impacted by the Court's decision. The territory affected by the Court's decision also includes pipelines crucial to the successful operation of the nationwide Keystone XL pipeline. While the Court's holding addressed criminal jurisdiction under the Major Crimes Act, the decision has broader implications for Indian country, including natural resource development and the corresponding regulatory framework. Tribal communities generally have a special connection to their lands. Yet, they have historically suffered various inequities rooted in federal policies. Rich in natural resources, Indian country has been exploited at the expense of the local tribal community, raising issues of environmental injustice. By upholding treaty rights and obligations, the McGirt decision has the potential to further empower tribes in the protection of their lands and the important cultural values therein. Fearing that they will now have to work with tribes and the federal government instead of favorable state officials, oil and gas industry officials decry the Court's decision as being detrimental to the industry. But how exactly will the McGirt decision affect the oil and gas industry, and natural resources development in Indian country more broadly? While the full impacts of the Court's decision are only beginning to unfold, this Article seeks to answer the questions left hanging by the Court's decision as they relate to traditional energy development.

The article examines the major U.S. federal legislative acts impacting criminal jurisdiction on tribal land. It highlights the changes and improvements in jurisdiction and the criminal justice system under the Tribal Law and Order Act (TLOA) for Indian country. The Federal Enclaves Act, the Assimilative Crimes Act, and the Major Crimes Act are the main legislative acts in Indian country.

The article discusses overview of implications of landmark American Indian land case, topics include The Major Crimes Act and the Definition of Indian Country, The Establishment of a Creek Reservation and The Continued Existence of the Creek Reservation.