The U.S. Court of Appeals for the Second Circuit has vacated a preliminary injunction obtained by the Oneida Nation of New York on its claim that 2010 amendments to the state law taxing cigarettes sold on reservations interfered with its tribal sovereignty and violated its immunity from state taxation.
The circuit said yesterday that the amendments, designed to tax on-reservation sales to non-tribal members and recapture some $110 million in lost tax revenue annually, does not interfere with Indian self-rule or limit access to tax-free cigarettes for personal use by tribe members.
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