Resolved Case
Lenni-Lenape v. NJ
- Resolved — In November 2018, New Jersey reaffirmed the Tribal Nation's 1982 recognition and settled the case for $2.4 million.
- About the Case
Restoring Recognition: The Nanticoke Lenni-Lenape’s Six-Year Legal Battle
In 1982, New Jersey formally recognized the Nanticoke Lenni-Lenape Tribal Nation as an American Indian tribe through a concurrent legislative resolution and repeated confirmations in statutes and official correspondence. For decades that recognition allowed the 3,000-member Tribal Nation to access vital federal programs for health, education, workforce development, and the marketing of traditional arts and crafts as “Indian-made.”
Three decades later, that rightful status was suddenly and inexplicably undermined. Beginning in 2012, senior officials in the administration of then-Governor Chris Christie quietly advised federal agencies that New Jersey had never recognized any Tribal Nations, including Lenni-Lenape. This reversal—rooted in unfounded and stereotypical fears that state recognition might lead to casino gaming—stripped the Nanticoke Lenni-Lenape of eligibility for grants, business opportunities, and even basic affirmation of their cultural identity. Federal funding for health and education evaporated, tribally owned businesses lost contracts, and elders could no longer label their handmade crafts as Native products.
Refusing to accept this injustice, the Tribal Nation launched a determined legal fight in 2015, filing suits in both federal and state courts. Over six years of intense litigation, its leaders documented decades of recognition and exposed the racial stereotypes behind the state’s actions. Courts repeatedly agreed the claims were valid: in 2016 the U.S. District Court for the District of New Jersey allowed constitutional claims for violations of due process and equal protection to proceed, and in 2017 the New Jersey Appellate Division unanimously reinstated state-law claims.
After years of discovery and motion practice, the state’s position collapsed. In November 2018, New Jersey Attorney General Gurbir S. Grewal settled the case, unequivocally reaffirming that the Nanticoke Lenni-Lenape had been recognized since 1982 and promising to notify all relevant federal and state agencies. The settlement included $2.4 million in compensation for the severe economic losses inflicted by the state’s disavowal.
For the Tribal Nation, the victory was about far more than dollars. It restored access to health and education grants, safeguarded small business opportunities, and—most importantly—acknowledged a cultural identity rooted in more than 10,000 years of history. As the Tribal Nation stated when the case concluded, this outcome ensures that
“states may not retroactively undermine tribal recognition by violating a Tribal Nation’s rights to due process and equal protection of the laws.”
This landmark case stands as a testament to the perseverance of the Nanticoke Lenni-Lenape people and the power of skilled counsel to defend the rights of Native nations. It sends a clear message to other state-recognized Tribal Nations: history and law are on your side, and dedicated advocates like Cultural Heritage Partners can help secure justice.
The Lenni-Lenape Tribal Nation has been represented by Greg Werkheiser and Eden Burgess of Cultural Heritage Partners, PLLC and Frank Corrado of Barry, Corrado & Grassi, PC of Wildwood, New Jersey (www.capelegal.com).
Press Coverage
- “New Jersey Officially Recognizes Ramapoughs, Powhatan As American Indian Tribes”, Daily Voice, March 18, 2019
- “Ramapough, Powhatan Tribes Granted State Recognition After Promising Not to Open Casinos”, New Jersey Law Journal, March 19, 2109
- “AG Grewal Announces Settlements with Two American Indian Tribes”, Insider NJ, March 18, 2019
- “NJ Acknowledges Historic Recognition of Powhatan Renape, Ramapough Lenape Nations”, Cape May Country Herald, March 18, 2019
- “State Affirms Status of Powhatan Renape, Ramapough Lenape Tribes”, Cherry Hill Courier-Post, March 18, 2019
- “Two More NJ Tribes Have Recognition Reaffirmed”, Digital Journal, March 18, 2019
- “NJ Officially Recognizes Ramapough Lenape, Powhahtan Renape Tribes”, NJTV, March 18, 2019
- “Mahwah’s Ramapough Lenape Nation Recognized As Tribe”, Patch, March 18, 2019
- “Two More NJ Tribes Have Recognition Reaffirmed”, Erie News Now, March 18, 2019
- “2 NJ Tribes Get Recognition Reaffirmed By State”, Law360, March 19, 2019
- “NJ Pays 2.4 Million and Agrees to Recognize Native American Nation,” NJ101.5 FM Radio, Sergio Bichau, November 17, 2018.
- “New Jersey reaches recognition settlement with Native American Indian tribe,” PhillyVoice.com, Michael Tanenbaum, November 16, 2018.
- “In Historic Move, New Jersey Acknowledges Native American Tribe, Will Pay $2.4 Million,” NBC New York, November 16, 2018.
- “In Historic Move, New Jersey Acknowledges Native American Tribe, Will Pay $2.4 Million,” NBC 10 Philadelphia, November 16, 2018.
- “Nanticoke Lenni-Lenape Tribal Nation public statement of gratitude,” Indianz.com, November 15, 2018.
- “Nanticoke Lenni-Lenape American Indian Tribe Settle New Jersey Lawsuit,” Cherry Hill Courier Post, Jim Walsh, November 15, 2018.
- “Nanticoke Lenni-Lenape Nation Wins,” com, Acee Agoyo, November 15, 2018.
- “State Pays 2.4M to Indian Tribe Over Withheld Recognition,” NJ Law Journal, Charles Toutant, November 15, 2018.
- “State Pays 2.4M to Indian Tribe Over Withheld Recognition,” Yahoo News, November 15, 2018.
- “NJ Agrees to Recognize Tribe, Pay $2.4M To End Court Battle,” Law360, Bill Wichert, November 15, 2018.
- “AG Grewal Announces Settlement of Nanticoke Lenni-Lenape Lawsuits,” Cape May County Herald, November 15, 2018.
- “New Jersey settles suit over status of Native American group,” Brown County Democrat, November 15, 2018.
- “The White Man Is Breaking His Word Again,” Vice Media, Aaron Kase, December 12, 2017.
- “NJ AG Must Produce Some Docs In Tribe’s Suit: Magistrate,” Law 360, Adam Lidgett, September 20, 2017.
- “Nanticoke Lenni-Lenape Tribe Takes on State,” SNJ Today, Vince Farinaccio, September 19, 2017.
- “New Jersey’s Cultural Warfare,” The Progressive, Kate Morgan, September 6, 2017.
- “NJ Superior Court Rules Nanticoke Lenni-Lenape are Sovereign Tribe,” Indian Country Today, Lisa J. Ellwood, August 31, 2017.
- “Celebrate as tribal nation gets its day in N.J. court | Opinion,” NJ.com, Albert B. Kelly, August 21, 2017.
- “Tribe’s Lawsuit Over Recognition To Advance,” CBS Philly, Cleve Bryan, July 19, 2017.
- “The Lenni-Lenape say they’re a tribe, and want N.J. to agree,” Philly.com, Jacqueline L. Urgo, July 17, 2017.
- “N.J. Indian tribe gets court’s OK to keep fighting for legal recognition,” NJ.com, Bill Gallo Jr., July 13, 2017.
- “Court allows tribe’s lawsuit over recognition to advance,” AP News, Associated Press, July 13, 2017. Also published in: U.S. News, Courier-Post, Navajo Times, New Jersey Herald.
- “Nanticoke Lenni-Lenape a Recognized Tribe, Court Rules,” New Jersey Law Journal, Michael Booth, July 10, 2017.
- “NJ Panel Says Court Wrongly Tossed Tribal Recognition Suit,” Law 360, Jeannie O’Sullivan, July 10, 2017.
- “Tribe Says NJ AG Must Cough Up Docs In Recognition Dispute,” Law360, Adam Lidgett, April 18, 2017.
- “Tribe Can Sue New Jersey for Recognition,” Courthouse News, Chris Fry, November 2, 2016.
- “Lenni-Lenape Tribal Nation Earns Its Day In Court,” NJ.com, South Jersey Times Editorial Board, November 1, 2016.
- “NJ Facing Lawsuit From Native American Tribe,” CBS Philly [Philadelphia], Cleve Bryan, October 28, 2016.
- “Lenni-Lenape suit against N.J. attorney general can proceed, judge rules,” NJ.com, Bill Gallo Jr. October 28, 2016.
- “Federal judge rules Cumberland County-based Tribal Nation Lawsuit Can Proceed,” The Press of Atlantic City, Thomas Barlas, October 28, 2016.
- “Nanticoke-Lenape tribal status recognized in First State, struggle continues in New Jersey,” Delaware Public Media, Megan Pauly, September 12, 2016.
- “Nanticoke Lenni-Lenape Don’t Want to Lose What They Already Have,” NJ.Com, Albert B. Kelly, August 21, 2016.
- “NJ Tribe Says State AG Can’t Dodge Recognition Suit,” Law360, Andrew Westney, June 7, 2016.
- “Tribe in Limbo As New Jersey Does Double Take on Recognition.” Law360, Andrew Westney, February 16, 2016.
- “Tribe Says Fed. Contract Hinges on Recognition by NJ,” Law360, Andrew Westney, February 8, 2016.
- “NJ Tribes Slams State AG’s Resistance to Recognition Bid,” Law360, Andrew Westney, November 24, 2015.
- “American Indian tribe files second lawsuit against New Jersey,” NJ.com, Anna Merriman, October 23, 2015.
- “New Jersey moves to dismiss Lenni-Lenape lawsuit over state recognition,” Press of Atlantic City, Thomas Barlas, October 23, 2015.
- “NJ Claims Immunity As Tribe Widens Recognition Bid,” Law360, Christine Powell, October 1, 2015.
- “Nanticoke Tribe Defends Suit Over NJ Recognition,” Law360, Jeannie O’Sullivan, September 28, 2015.
- “Cultural Heritage Partners: The Case Against Rescinded Identity,” VoiceAmerica – Indiana Jones: Myth, Reality and 21st Century Archaeology with Dr. Joseph Schuldenrein, (Audio) Interview with Greg Werkheiser, August 12, 2015.
- “Nanticoke Lenni-Lenape Tribe Suing NJ State Officials,” SJ Today (Video), Cara McCollum, July 31, 2015.
- “Tribe Sues New Jersey for Blocking Official Recognition,” CasinoConnection, Staff, July 27, 2015.
- “NJ Must Recognize Lenni-Lenape as Native American,” NJ.com / South Jersey Times, Editorial, Stephanie Maksin, July 24, 2015.
- “Indian Tribe Sues New Jersey For Official Recognition Denies Desire for Casino,” US Poker Sites.com, Christine Davies, July 22, 2015.
- “SJ Native Americans Renew Fight for State Recognition,” CBS Evening News (Philly), David Madden and Cleve Bryan, July 21, 2015.
- “SJ Native Americans Renew Fight for State Recognition,” CBS Philly (Video/Audio), Cleve Bryan, July 21, 2015.
- “SJ Native Americans Renew Fight for State Recognition,” KYW Radio Philly (Audio), Dave Madden and Cleve Bryan, July 21, 2015.
- “New Jersey Indian Tribe Sues State Over Official Recognition,” News of Cumberland County NJ.com, Don E. Woods, July 20, 2015.
- “NJ Must Recognition Lenni-Lenape As Native American Tribe,” RoundhouseTalk.com, Editor, South Jersey Times, July 27, 2015.
- “Nanticoke Lenni-Lenape Tribal Nation Sues in New Jersey,” Indianz.com, Staff, July 21, 2015.
- “Nanticoke Lenni-Lenape Tribal Nation Sues in New Jersey,” Native News Today, Staff, July 21, 2015.
- “Nanticoke Tribe Sues NJ to Renew Formal Recognition,” Law360, Vidya Kauri, July 21, 2015.
- “New Jersey American Indian Tribe Sues State Over Recognition,” RYOT, Alex Bauer, July 21, 2015.
- “NJ Sues Over Gambling Presumption,” Courthouse News, Nick Rummell, July 21, 2015.
- “Lenni-Lenape Tribe Sue Christie, New Jersey Over Alleged Civil Rights Violations,” Violations, Press of Atlantic City, Tyler R. Tynes, July 21, 2015.
- “Tribal nations are tired of waiting for Uncle Sam to recognize them,” Aljazeera America, Tristan Ahtone, January 17, 2014.
Key Documents
- The Tribe’s Public Statement
- The Tribe’s Statement of Gratitude
- The Attorney General’s Public Statement
- Decision Rejecting the Attorney General’s Motion to Dismiss and Ordering the Tribe’s Case to Proceed (decided 10/27/16)
- The State Appellate Court’s Decision Ordering the Tribe’s Case to Proceed (decided 7/10/17)
- Amicus (Friend of the Court) Brief by Multiple Parties in Support of the Tribe (filed 8/19/16)
- Photos of the Tribe for press use
Media Contact
-
Greg Werkheiser
Founding Partner
Cultural Heritage Partners, PLLC - 1717 Pennsylvania Avenue NW, Suite 1025 Washington DC, 20006
- (703) 408-2002
- greg@culturalheritagepartners.com