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 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 motions, 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 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
On this page you’ll find court filings and press coverage of our civil rights litigation on behalf of the Nanticoke Lenni-Lenape Tribal Nation against the Attorney General of New Jersey.
Please direct inquiries to Greg Werkheiser.
The Tribe makes no representation as to the accuracy of the media items below.