December 2020

Amicus Brief Questions OSHA Jurisdiction Over Indian Tribe

United States - Minnesota

Faegre Drinker filed an amicus brief on behalf of the Shakopee Mdewakanton Sioux Community (SMSC) to the U.S. Court of Appeals for the Eighth Circuit regarding the jurisdiction of the Occupational Safety and Health Administration (OSHA) over the Red Lake Band of Chippewa Indians.

This issue is important throughout the states of the Eighth Circuit, which has dozens of tribes, and nationally because it involves the jurisdiction of federal regulatory agencies over tribally owned businesses when the statute in question – in this case, the OSHA Act – does not explicitly cover tribal employers.

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