The McGirt Decision: What Oklahoma Businesses Need to Know

In July 2020, the U.S. Supreme Court issued McGirt v. Oklahoma—a decision that fundamentally altered the legal landscape of our state. While the ruling primarily addressed criminal jurisdiction, its ripple effects extend to taxation, civil regulation, and business operations throughout much of eastern Oklahoma.

What McGirt Actually Decided

The Court held that the Muscogee (Creek) Nation's reservation was never formally disestablished by Congress. This means a vast swath of eastern Oklahoma—including much of Tulsa—remains "Indian Country" for purposes of federal law.

Since McGirt, the same reasoning has been applied to other tribal nations, including the Cherokee, Chickasaw, Choctaw, and Seminole nations.

The Business Implications

If your business operates within these reservation boundaries, you may face:

1. Tribal Taxation: Tribes may have authority to impose taxes on certain business activities—potentially in addition to state taxes.
2. Regulatory Jurisdiction: Environmental permits, zoning, and business licensing may fall under tribal rather than state authority.
3. Employment Law Questions: Which employment laws apply? Federal? Tribal? The analysis depends on the parties involved and the nature of the claim.
4. Contract Disputes: Choice-of-law provisions matter more than ever. Which court system will adjudicate disputes?

What Has Changed Since 2020?

The legal landscape continues to evolve:

• Oklahoma Tax Commission has reached compacting agreements with several tribes
• Congress has not acted to overturn or modify the decision
• Courts continue to address collateral issues on a case-by-case basis

Why You Need an Attorney Who Understands Both Systems

Most Oklahoma lawyers practice exclusively in state court. They view tribal law as an esoteric specialty. This is a mistake.

At Addison Law Firm, our founding attorney serves as a Tribal Supreme Court Justice. We understand how tribal courts operate, how to navigate jurisdictional questions, and how to structure business arrangements that account for this legal complexity.

Whether you're negotiating vendor contracts, addressing employment disputes, or facing regulatory challenges, we can help you develop a strategy that respects tribal sovereignty while protecting your interests.

Take Action

If you operate a business within the Cherokee, Muscogee, Chickasaw, Choctaw, or Seminole reservation boundaries—or if you're unsure—contact us for a consultation. Understanding your jurisdictional exposure is the first step toward managing risk.