Nicole E. Ducheneaux
1404 Fort Crook Road South
Bellevue, NE 68005
Enrolled member Cheyenne River Sioux Tribe; First generation descendant Confederated Salish and Kootenai Tribes of the Flathead Nation
Bachelor’s Degree in U.S. History, Fort Lewis College (B.A. 2003)
Juris Doctor, University of Montana School of Law (J.D. 2007) – Intake Editor, Montana Law Review
Montana; Nebraska; United States Supreme Court; U.S. Court of Appeals for the District of Columbia Circuit; U.S. District Court for the District of Columbia; U.S. District Court for the District of Nebraska; Cheyenne River Sioux Tribal Court; Santee Sioux Tribal Court; Oglala Sioux Tribal Court; Gun Lake Tribal Court; Nisqually Indian Tribal Court, Little River Band of Ottawa Indians Tribal Court; Little Traverse Band of Odawa Indians Tribal Court; Kickapoo Tribal Court
PRIOR LEGAL EXPERIENCE
Partner, Fredericks Peebles & Morgan (2015-2019); Associate, Fredericks Peebles & Morgan (2012-2015); Staff Attorney, Office of the Montana State Public Defender, Capital Defense Office (2011-2012); Staff Attorney, Office of the Montana State Public Defender (2008-2012); Judicial Clerk, The Honorable Brian M. Morris, Montana Supreme Court (2007-2008)
ASSOCIATIONS AND HONORS
Nebraska State Bar Association; Chairperson, Nebraska State Bar Association Indian Law Section; Montana State Bar Association; Montana State Bar Association Indian Law Section; Super Lawyers Great Plains Rising Star 2017 and 2018; National Center for American Indian Enterprise Development (NCAIED) “Native American 40 under 40” award recipient (2016); Great Plains Editor, Federal Bar Association Indian law Newsletter (2013-2016); Award for Professional Excellence and Dedication to the Public Defenders Office, Montana Office of the Public Defender (2010)
Implementing Diversity in State Bar Associations, ABA LAW PRACTICE TODAY (July 14, 2016) http://www.lawpracticetoday.org/article/implementing-diversity-state-bar-associations/; Smith v. Salish Kootenai College: Self-Determination as Governing Principle or Afterthought in Tribal Civil Jurisdiction Jurisprudence? 68 Mont. L. Rev. 211 (2007); Recent Decisions Affecting the Montana Practitioner: The Montana State Legislature’s Response to Columbia Falls Elementary School District No. v. State, 68 Mont. L. Rev. 211 (2007).
Patchak v. Zinke, 138 S.Ct. 897 (2017); Standing Rock Sioux Tribe v. U.S. Army Corps of Eng’rs, 255 F.Supp.3d 101 (D.D.C. 2017); Patchak v. Jewell, 828 F.3d 995 (D.C. Cir. 2016); People v. Miami Nation Enterprises, 223 Cal. App. 4th 21, 166 Cal. Rptr. 3d 800 (Cal. App. 2014).
United States Supreme Court: Patchak v. Zinke, 138 S.Ct. 897 (2017) (affirming trust land acquisition for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians under the Indian Reorganization Act).
U.S. Courts of Appeals: Patchak v. Jewell, 828 F.3d 995 (D.C. Cir. 2016) (affirming trust land acquisition for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians under the Indian Reorganization Act).
U.S. District Courts: Confederated Tribes of the Chehalis Reservation, et al. v. Mnuchin, Case No. 20-CV-01059, — F. Supp. 3d ___, 2020 WL 1984297 (D.D.C. Apr. 27, 2020) (securing injunctive relief to prevent Alaska Native Corporations from receiving Coronavirus Relief Funds appropriated for Tribal governments); Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Case No. 16-1534, ___ F. Supp. 3d ___, 2020 WL 1441923 (D.D.C. Mar. 25 2020) (holding that U.S. Army Corps of Engineers grant of permission to site Dakota Access Pipeline under Lake Oahe was arbitrary and capricious and remanding for environmental impact statement); HCI Distribution, Inc. v. Peterson, 360 F. Supp. 3d 910 (D. Neb. 2018) (holding that tribal entity had standing to challenge state regulation of on reservation tobacco and denying state’s motion to dismiss); Standing Rock Sioux Tribe, et al. v. U.S. Army Corps of Engineers, 255 F. Supp. 3d 101 (D.D.C. 2017) (holding that U.S. Army Corps of Engineers grant of permission to site Dakota Access Pipeline under Lake Oahe was arbitrary and capricious for failure to consider inter alia Treaty hunting and fishing rights).
State Court: People v. Miami Nation Enterprises, 223 Cal. App. 4th 21, 166 Cal. Rptr. 3d 800 (Cal. App. 2014) (holding that tribal sovereign immunity protected tribal entity from state regulation of short term internet lending).
Ms. Ducheneaux practices primarily in the area of litigation. She represents tribes and tribal entities in state, tribal, and federal courts, including state, tribal, and federal appellate courts and the U.S. Supreme Court. Ms. Ducheneaux’s experience includes complex commercial litigation, federal regulatory litigation, and suits proceeding under the Administrative Procedures Act. Substantive areas include Indian Country e-commerce, tribal sovereign immunity, tribal civil jurisdiction, administrative law, environmental law, religious freedom, matters involving tribal sovereign immunity from suit, tribal treaty rights, constitutional law, election law, land-into-trust, taxation, tobacco, and cases arising under the Indian Child Welfare Act. Ms. Ducheneaux has experience coordinating concurrent federal civil regulatory litigation and federal criminal investigations on behalf of tribal entities. Ms. Ducheneaux also has experience managing large e-discovery collections and productions in both civil and criminal matters.
Recently, Ms. Ducheneaux has been lead litigation counsel for the Cheyenne River Sioux Tribe (co-lead plaintiffs with the Standing Rock Sioux Tribe) in the ongoing Dakota Access Pipeline litigation, which resulted in a significant victory on summary judgment on the issue of treaty rights in June 2017. Ms. Ducheneaux was also on the team that represented the Match-E-Be-Nash-She-Wish Band of Potawatomi Indians (Gun Lake Tribe) in their 2017 victory in the U.S. Supreme Court in Patchak v. Zinke, 138 S.Ct. 897 (2017).