In 1982, the Penobscot Nation filed for injunctive relief asserting in part that MIA Section 6206(1) protects against State interference in internal tribal matters. The Court rejected the Penobscot Nation argument. As a result, the State view that the Penobscot Nation beano operation was subject to State law under 30 MRSA §6204 prevailed.

For over forty years the Wabanaki people of Maine have had their sovereignty diminished as a result of the Maine Indian Claims Settlement Act (MICSA), an arrangement with the state and federal government unlike any other tribal sovereignty arrangement in the Unites States. The MICSA was born from a decades-long debate over land rights and resource rights in Maine, culminating in a “compromise” that avoided political conflict at the expense of Wabanaki sovereignty. Under the MICSA, the Wabanaki do not have sovereign status, instead only holding sovereign control over those matters the state deems “internal tribal matters.” Among the many aspects of self-governance affected by this lack of sovereignty is an inability to exert full autonomous control over natural resources on Wabanaki lands and waters. Renewable energy is an example of one such resource that could provide immense benefits to the Wabanaki people by allowing increased independence from the state and a source of additional income. Through a review and re-interpretation of the MICSA’s history and case law, this Comment seeks to redefine the definition of internal tribal matters to encompass the development of renewable energy projects contained within Wabanaki lands if created with the intent of directly supporting Wabanaki communities. This new test for determining internal tribal matters is then applied to hypothetical utility scale and small-scale renewable projects to determine when the Wabanaki could proceed with development as sovereigns without oversight from the state. This Comment will conclude with a brief discussion of the broader issues inherent in the current status of the Wabanaki under the MICSA with an eye towards a more comprehensive solution and grant of full sovereignty.

"Isolation and Restraint: Maine's Unique Status Outside Federal Indian Law", Maine Law Review, June 2023

Fellencer was an employment case where the Maine Superior Court ruled that employment matters did not fall under the internal tribal matters provisions of the MIA. On January 19, 1999, Fellencer was reversed on appeal to the U.S. Court of Appeals, First Circuit, and the case was remanded for the entry of judgment (reversed) in favor of the Penobscot Indian Nation.

In 1996, the Passamaquoddy Tribe brought suit against the State of Maine on gaming (Passamaquoddy v. State of Maine 75 F.3d 784 (1996)) (Addendum 8). The Tribe argued that the Indian Gaming Regulatory Act (enacted after Stilphen and in the wake of Cabazon) opened the door for Tribal gaming in Maine and compelled the State to compact with the Tribe. The Court found that section 1735(b) was a valid "savings clause" that precluded application of Indian Gaming Regulatory Act (IGRA) in Maine unless Congress specifically made it applicable in Maine. The Court concluded that the text of IGRA gave no indication that Congress intended to make that Act specifically applicable within Maine.

Public Law, c. 708 LD 2145 An Act Concerning the Taking of Marine Resources by Members of the Passamaquoddy Tribe was sponsored by Passamaquoddy Tribal Representative Fred Moore. It was an attempt to resolve the dispute between the Passamaquoddy Tribe and State of Maine concerning the taking or marine organisms. This conflict arises from opposing interpretations of how the 1980 federal Maine Indian Claims Settlement Act (MICSA) and the Maine Implementing Act (MIA) impact the Passamaquoddy fishery. The Passamaquoddy Tribe stands on its retained Aboriginal rights to fish within its traditional territory beyond reservation boundaries without interference from the State. They hold that these rights have never been abrogated since they are not mentioned in the extinguishment provisions in the MICSA. The State of Maine maintains that the tribes have no rights except as specified in the MIA and that the State of Maine has the authority to regulate the Passamaquoddy saltwater fishery and prosecute Tribal fishers who fish according to tribal law rather than state law. It became effective April 3, 1998.

This Maine statute requires that proposals for development of offshore wind energy projects be submitted to the Wabanaki Tribes and the Maine Indian Tribal-State Commission for comments.

Title 30, Chapter 701, Mobile Gaming by Federally Recognized Tribes, enacted 2021.