Members of Frye & Kelly, P.C. have been representing Native American clients (tribal nations, tribal enterprises and corporations, and Native American individuals) since 1977. This work has included litigation, contract negotiation and drafting, government law, administrative law, employment law, environmental law, natural and cultural resources law, and lobbying at the tribal, state and federal levels. The firm has, on occasion and when there are no conflicts with our tribal clients, also represented non-Native American companies conducting business in Indian country.
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Navajo Nation v. United States Dep't of the Interior, No. 13-15710, 819 F.3d 1084 (9th Cir. April 6, 2016) (reversing the District Court's decision that it lacked subject matter jurisdiction and agreeing with the Navajo Nation that the decision of the National Park Service to apply NAGPRA to 303 sets of human remains and associated funerary objects removed from the Navajo Nation's treaty lands by the Service without the Navajo Nation's permission was final agency action under the Administrative Procedures Act) (co-counsel with Paul Spruhan of the Navajo Nation Department of Justice).
Diné Care v. United States Office of Surface Mining Reclamation and Enforcement, No. 15-1126, 643 Fed. Appx. 799 (10th Cir. March 30, 2016) (agreeing with the firm's client, a tribally owned energy company, that the District Court's opinions and orders in favor of environmental plaintiffs should be vacated and the case dismissed).
Navajo Health Foundation-Sage Memorial Hospital, Inc. vv. Burwell, et al., 2015 WL 977785 (D.N.M. Oct. 26, 2015) (granting summary judgment to Sage Hospital and holding that IHS must award and fully fund Sage's contract proposals through September 30, 2017).
Navajo Nation Oil and Gas Company v. Window Rock District Court, No. SC-CV-25-14 (Nav. Sup. Ct. June 20, 2014) (holding that certain members of the Board of Directors were not validly removed or suspended by certain Navajo Nation Council delegates).
EEOC v. Peabody Western Coal Co. and Navajo Nation, 2006 WL 2816603 (D. Ariz. Sept. 30, 2006) (rejecting on the basis of Navajo Nation sovereign immunity EEOC's challenge to Navajo Preference in Employment Act), rev'd and remanded, 610 F.3d 1070 (9th Cir. 2010), cert. denied, 132 S.Ct. 91 (2011), on remand, 2012 WL 5034276 (D. Ariz. Oct. 18, 2012) (upholding Navajo employment preference lease provisions against challenge by the EEOC), aff'd, 773 F. 3d 977 (9th Cir. 2014).
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