December 20, 2019
Federal courts handed key wins to tribes in the past six months by blocking a proposed Arizona mine and requiring more Federal Communications Commission review for 5G infrastructure, but also rebuffed Native American voters' challenge to a North Dakota law and ordered the Seneca Nation to fork over casino revenue to New York. Here, Law360 looks at the significant rulings in Native American law from the second half of 2019.
August 09, 2019
The D.C. Circuit on Friday handed Native American tribes a key victory over the Federal Communications Commission by ruling that the commission did not sufficiently justify an order allowing telecom providers to deploy 5G small-cell infrastructure at heritage sites without consulting tribes or undergoing historic preservation and environmental reviews.
March 15, 2019
The D.C. Circuit asked the Federal Communications Commission on Friday why it's not required by federal law to study the environmental and preservation impacts of deploying some 5G technology on key tribal heritage sites across the country.
January 01, 2019
In the new year, Native American law practitioners will be keeping an eye on upcoming U.S. Supreme Court decisions regarding Washington's ability to tax the Yakama Nation; treaty hunting rights in Wyoming; and the balance of tribal, federal and state criminal jurisdiction in Oklahoma. Here, Law360 takes a look at the cases attorneys who practice Native American law will be watching in the coming year.
October 16, 2018
A slew of Native American tribes and tribal organizations asked the D.C. Circuit to strike down a Federal Communications Commission rule that lets mobile carriers build small-cell fixtures for fifth-generation networks without consulting tribes or undergoing historic preservation and environmental reviews.
August 15, 2018
The D.C. Circuit refused on Wednesday to pause the implementation of a Federal Communications Commission rule intended to accelerate the deployment of infrastructure to support denser, next-generation mobile networks.
August 07, 2018
The D.C. Circuit on Tuesday allowed Sprint Corp., the National Association of Tribal Historic Preservation Officers and others to step into a challenge to a Federal Communications Commission order exempting small-cell fixtures for next-generation, or 5G, networks from certain environmental and historic regulatory reviews.
August 02, 2018
Several tribes have sought to intervene in a challenge to a Federal Communications Commission rule that allowed 5G network builders to avoid tribal consultations, adding to a coalition of Native American communities who are pursuing the challenge at the D.C. Circuit.
July 25, 2018
A group of Native American tribes fighting a Federal Communications Commission rule allowing 5G network builders to skip tribal consultations told the D.C. Circuit to consider its own recent ruling in a similar case, arguing that the court has already found that a failure to consult isn't harmless.
July 03, 2018
The Federal Communications Commission asked the D.C. Circuit to put on hold combined challenges from Native American tribes and environmentalists to an agency rule exempting from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.