In late August, the U.S. Court of Appeals for the Second Circuit issued a decision that may have significant implications for members of the Shinnecock Indian Nation, a federally recognized Indian tribe, who reside on the Shinnecock Reservation on Long Island. In Silva v. Farrish, No. 21-0616 (2d Cir. Aug. 25, 2022), the Second Circuit ruled that a lawsuit filed by three members of the Shinnecock Indian Nation, alleging that enforcement of state fishing regulations against the plaintiffs in Shinnecock Bay violated their fishing rights, could proceed.

The circuit court held that the U.S. District Court for the Eastern District of New York should not have granted summary judgment to the officials of the New York State Department of Environmental Conservation (DEC) who were named as defendants in the plaintiffs’ action.