October 14, 2026 | GableGotwals filed an amicus curiae brief on October 13, 2026, at the U.S. Supreme Court on behalf of 12 former presidentially appointed United States Attorneys, in support of the respondent in Kenneth J. Jouppi v. Alaska. The case examines whether Alaska’s mandatory forfeiture of an aircraft used to carry alcohol into a “dry” Alaska Native village violates the Eighth Amendment’s Excessive Fines Clause.

Kenneth Jouppi is a commercial air-taxi operator. A jury found that he knowingly allowed beer onto his aircraft for a flight to Beaver, a Gwich’in village of fewer than 100 residents on the Yukon River. Beaver can be reached only by air, and its residents had voted to prohibit the importation of alcohol. Under Alaska law, his aircraft was forfeited. The Alaska Supreme Court upheld the forfeiture, concluding it was not grossly disproportional to the gravity of the offense. Jouppi petitioned the U.S. Supreme Court for review, and the Court granted certiorari.

The amici served across three presidential administrations and 11 federal judicial districts, and each has prosecuted crimes in Indian country. GableGotwals’ brief was written by Shareholder and former U.S. Attorney for the Northern District of Oklahoma R. Trent Shores, who serves as Counsel of Record, along with Shareholder Amelia A. Fogleman, and Associates Bailey C. Tulloch and Tristan M. Reagan. Drawing on the amici’s experience prosecuting homicide, sexual assault, and domestic violence in tribal communities, the brief argues that the forfeiture is proportional to the gravity of the offense.

The brief explains that the Alaska Legislature acted on decades of studies linking alcohol to most violent crime in rural Alaska, where many villages lack local law enforcement and are hours or days from emergency help. In placing its strongest sanction on aircraft, the main gateway into remote villages, the Legislature made a judgment that deserves substantial deference. The brief also shows that forfeiting conveyances used to bring liquor into Native communities is a deep-rooted part of federal law. Congress has authorized it since the Trade and Intercourse Act of 1834, and Alaska’s local-option statutes fill that role for villages that federal law does not reach. Further, the brief contends that the gravity of the offense turns on the harm it threatens to an isolated community that voted to go dry, not on the retail value of the beer. Finally, it argues that the petitioner’s proposed rule would undermine the one sanction that reaches those with the means to defeat a village’s choice.

“The people of Beaver made a choice to protect their community. The Alaska Legislature gave that choice the teeth it needs, and the Constitution doesn’t require courts to second-guess it,” said Fogleman.

“This brief brings together former U.S. Attorneys from both parties and across the country who share a common understanding of what is at stake for remote Native communities,” Shores said. “We are honored to represent them before the Court.”

The brief urges the Court to affirm the judgment of the Alaska Supreme Court.

About GableGotwals

GableGotwals attorneys have represented Native American tribes, their leaders, vendors, and commercial organizations in federal, state, and tribal courts and before administrative agencies, and have argued on behalf of Indian rights before the United States Supreme Court. The Firm’s Native American Practice is ranked Band 1 by Chambers & Partners, which describes the team as a “well-established Oklahoma firm with expertise in all areas of legal disputes, representing Indian tribes, vendors, their leaders and organizations in federal, state and tribal courts.” GableGotwals is also named a “Firm to Watch” in Native American Law by Legal 500.

May, 19 2026 | By: Ethan T. Mock

The global race for critical minerals is no longer a future prospect; it is a current economic and national security imperative. As highlighted in recent reporting by Bloomberg Law, the surge in demand for rare earth metals, essential for everything from electric vehicle batteries to defense technologies, has propelled a specialized niche in the legal sector. At GableGotwals, we are uniquely positioned to lead in this arena, offering a powerhouse trifecta of expertise in Federal Indian Law, sophisticated transactional law, and direct BIA regulatory experience. Our reputation has earned us a Band 1 ranking in Energy and Natural Resources, Native American Law, Corporate/Commercial, and Environment by Chambers & Partners.

The Tribal Frontier of Critical Minerals

The Bloomberg Law analysis underscores that many of the most significant untapped deposits of critical minerals are located on or near tribal lands. However, unlocking this potential requires navigating a jurisdictional landscape that many law firms find impenetrable. Over time, GableGotwals has developed strong relationships with local tribes and is ready to bridge this gap with its dedicated attorneys, many of whom are tribal members. We are committed to facilitating between Native American tribal governments and businesses to achieve economic development.

With a premier Native American Law practice, our Firm understands the nuances of tribal sovereignty and the essential role of tribal nations as partners in the global energy transition. We don’t just see a mining deal; we see a path toward tribal economic self-determination and sustainable resource management.

Transactional Precision Meets Federal Insight

Successful mining deals in Indian Country require more than just an understanding of the minerals; they require a mastery of the “machinery” of the Bureau of Indian Affairs (“BIA”). The complexity of subsurface leasing is where projects often stall, trapped in the regulatory requirements of Title 25 of the Code of Federal Regulations.

Our team includes attorneys with direct, “inside-the-agency” experience at the BIA. This specialized background provides our clients with:

• Regulatory Fluency: Deep knowledge of the Indian Mineral Leasing Act and the Indian Mineral Development Act to structure flexible, high-value agreements.
• Navigational Expertise: An intimate understanding of BIA Standard Operating Procedures and the internal flow of lease approvals, ensuring that environmental and appraisal standards are met without unnecessary delays.
• Risk Mitigation: Transactional experts who can draft and negotiate complex joint ventures and development agreements while ensuring strict compliance with federal trust responsibilities.

Integrated Transactional & Environmental Practices

Beyond Indian law and BIA leasing, GableGotwals brings a full-service platform to critical-minerals projects, pairing sophisticated deal counsel with environmental and regulatory guidance. Our transactional team structures acquisitions, joint ventures, offtake arrangements, and financing to allocate risk, protect value, and keep projects bankable. In parallel, our environmental practice helps clients anticipate and address permitting and compliance issues early, including NEPA strategy, air and water approvals, cultural-resource considerations, and remediation planning, so transactions can close with clear, practical pathways to development and operations.

Ready for the Mining Paradigm Shift

As the market for rare earth minerals evolves, the legal counsel supporting it must be equally sophisticated. GableGotwals offers the rare combination: “Big Law” transactional capability paired with the niche, technical expertise of BIA leasing, environmental, and Indian Law. This expertise is made possible by many of our attorneys who formerly practiced at AmLaw 100 firms, former in-house counsel at major energy companies, and those who graduated top of their class from prestigious universities.

Whether you are a tribal nation seeking to leverage your subsurface assets for the next generation of energy, or a commercial developer looking to navigate the federal trust landscape, GableGotwals has the expertise to move your mining project from prospecting to production. We are not just observing the race for rare earth minerals; we are providing the roadmap for our clients to lead it.

 Ethan T. Mock
918-595-4875
emock@gablelaw.com

This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel.

November 6, 2025 | Best Lawyers®, for the 15th consecutive year, announced the “Best Law Firms” rankings. GableGotwals is ranked in the 2026 list regionally in 55 practice areas. Firms in the “Best Law Firms” list are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

GableGotwals received the following rankings:

Metropolitan Tier 1

Oklahoma City

• Administrative / Regulatory Law
• Bet-the-Company Litigation
• Commercial Litigation
• Construction Law
• Criminal Defense: White-Collar
• Energy Law
• Insurance Law
• Litigation – Banking & Finance
• Litigation – Environmental
• Litigation – Insurance
• Litigation – Real Estate
• Litigation – Securities
• Litigation – Trusts & Estates
• Oil & Gas Law
• Personal Injury Litigation – Defendants

Tulsa

• Appellate Practice
• Arbitration (NEW)
• Banking and Finance Law
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Bet-the-Company Litigation
• Commercial Litigation
• Copyright Law
• Corporate Law
• Energy Law
• Family Law
• Gaming Law
• Health Care Law
• Insurance Law
• Land Use & Zoning Law
• Litigation – Banking & Finance
• Litigation – Bankruptcy
• Litigation – ERISA
• Litigation – Patent
• Litigation – Real Estate
• Litigation – Trusts & Estates
• Medical Malpractice Law – Defendants (NEW)
• Mergers and Acquisitions Law
• Native American Law
• Natural Resources Law
• Oil & Gas Law
• Patent Law
• Real Estate Law
• Securities / Capital Markets Law
• Technology Law
• Trademark Law
• Trust & Estates Law

Metropolitan Tier 2

Oklahoma City

• Banking and Finance Law
• Corporate Governance Law
• Corporate Law
• Government Relations Practice
• Health Care Law
• Litigation – Bankruptcy
• Litigation – ERISA
• Litigation – Mergers & Acquisitions
• Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
• Product Liability Litigation – Defendants

Tulsa

• Corporate Compliance Law
• Corporate Governance Law
• Employee Benefits (ERISA) Law
• Employment Law – Management
• Labor Law – Management
• Litigation – Environmental
• Litigation – First Amendment
• Litigation – Health Care
• Litigation – Insurance
• Litigation – Labor and Employment (NEW)
• Mass Tort Litigation/Class Actions – Defendants
• Mediation (NEW)
• Privacy and Data Security Law
• Securities Regulation

Metropolitan Tier 3

Houston

• Commercial Litigation

Oklahoma City

• Native American Law

Tulsa

• Litigation – Intellectual Property

October 31, 2025 | The Oklahoma Supreme Court recently affirmed a favorable decision obtained by GableGotwals on behalf of the Cherokee Nation and Cherokee Nation Businesses before the Oklahoma Corporation Commission (OCC) in a significant public utility case. Public utility OG&E and the Firm’s clients entered into long-term special contracts by which OG&E would provide large-load electric service to the new Cherokee Nation Hospital and the new Cherokee Nation Businesses’ casino in Tahlequah, Oklahoma. The clients’ properties are located within the exclusive service area of a rural co-op, Lake Region Electric Cooperative, Inc. Desiring to serve the Firm’s clients at higher rates than OG&E, the co-op sued for injunctive relief against OG&E. The utility asserted the statutory large-load exception in defense of its contracts. GableGotwals, on behalf of the Cherokee Nation and Cherokee Nation Businesses, intervened and objected on equitable grounds of laches, waiver, estoppel, and unclean hands as to the co-op’s claim for injunctive relief.

The OCC had previously found the large-load exception unavailable to OG&E in similar circumstances. Applying the laches defense raised by the Firm’s clients, the OCC Administrative Law Judge (ALJ) denied the co-op’s requested injunction. The co-op then appealed to the OCC en banc. After oral argument, the OCC ruled in favor of the Cherokee Nation and Cherokee Nation Businesses on all of their equitable defenses and denied the injunction.

Following the OCC’s ruling, the co-op appealed to the Oklahoma Supreme Court. In a published opinion, the Court affirmed the OCC’s final order in favor of the Cherokee Nation and Cherokee Nation Businesses, saving the clients tens of millions of dollars in increased electricity charges.

GableGotwals Shareholder and Co-chair of the Firm’s Native American Practice Group, Dean Luthey, tried the case before the OCC ALJ, argued the appeal before the OCC en banc, and wrote the appellate brief in the Supreme Court. Dean is a 45-year litigator who has been recognized repeatedly by his peers and clients for his litigation experience, including in commercial and Native American law.

About GableGotwals’ Native American and Gaming Practice

Native American law is a unique practice area involving the sovereign status of Indian tribes. GableGotwals’ attorneys recognize these unique issues and offer a broad range of experience. Our attorneys provide expertise in legal disputes, including commercial law, business and transactional ventures, gaming issues, governmental relations, environmental areas, administrative practice, environmental concerns, land and water rights, and litigation matters. GableGotwals’ attorneys have successfully represented Native American tribes, their leaders, vendors, and commercial organizations in federal, state, and tribal courts as well as before administrative agencies, and have successfully argued on behalf of Indian rights before the United States Supreme Court. GableGotwals’ Native American Practice Group is ranked Band 1 in Oklahoma by Chambers and Partners. Click here to read more.

About GableGotwals

GableGotwals® is a full-service law firm with more than 100 attorneys and 70 other business professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.