Native American

  • April 8, 2015

    Estate Takes $90M Tribal Cigarette Tax Row To 9th Circ.

    The estate of a Quinault Indian Nation member who was embroiled in a $90 million cigarette tax suit filed by the nation is taking his counterclaims to the Ninth Circuit, according to court documents recently filed in Washington federal court.

  • April 7, 2015

    Fla. Tribe Asks To Merge Appeals Over Sanctions, RICO Suit

    The Miccosukee Tribe of Indians of Florida on Monday urged the Eleventh Circuit to weigh its challenge to a $1 million sanctions ruling in a failed racketeering case alongside a related appeal of the suit’s dismissal, saying a decision reviving the suit would bolster its fight against the sanctions.

  • April 7, 2015

    Tribe Sues BNSF Railway Over Quadrupled Crude Oil Hauls

    A Washington state tribe hit BNSF Railway Co. with a suit in federal court Tuesday, alleging the company is shipping far more dangerous crude oil across the tribe’s reservation than is allowed under a right-of-way easement agreement between the parties.

  • April 7, 2015

    Tribe-Owned Casino Exempt From Bias Claims, 2nd Circ. Says

    The Second Circuit on Tuesday affirmed a Connecticut federal judge's ruling that a former employee of the Mohegan Sun Casino cannot pursue discrimination claims in federal court because the casino, owned by a Native American tribe, is immune from facing either Title VII or Age Discrimination in Employment Act claims.

  • April 7, 2015

    Navajo Snack Tax Success A Model For Other Communities

    The Navajo Nation recently became the first U.S. community to pass a controversial "junk food tax" in an effort to steer its citizens toward healthier food options. And if other jurisdictions want to follow in the nation’s success, they’ll need to tap into grassroots power and spin similar taxes as a positive, not punitive, measure, experts say.

  • April 7, 2015

    Native American Legislation And Regulation To Watch In 2015

    The Bureau of Indian Affairs is set for a busy year, with plans to implement rules to make it easier for tribes to seek federal recognition and direct states in the implementation of tribal child welfare laws. Congress is also tackling Native American policy, debating legislation aimed at the National Labor Relations Board's reach into tribal labor issues, among other bills. Here is a look at the Native American legislative and regulatory landscape for 2015.

  • April 7, 2015

    Idaho Gov. Draws Tribe’s Ire After Instant Racing Bill Veto

    The Coeur d’Alene Tribe on Monday blasted Idaho Gov. C.L. “Butch” Otter’s decision to veto a bill that would have repealed instant racing, also known as historical horse racing, saying he's turning a blind eye to illegal gaming activities.

  • April 7, 2015

    EPA Defends Reservation Boundary Ruling At 10th Circ.

    The U.S. Environmental Protection Agency on Monday told the Tenth Circuit its controversial definition of a Wyoming Native American reservation’s boundaries comports with Congress’ original intent for the land, and that two tribes should have Clean Air Act authority in the area.

  • April 7, 2015

    DOI Sued For Denying Tribal Land Acquisition In Okla.

    The son of a late Muscogee Creek Nation member hit U.S. Department of the Interior Secretary Sally Jewell with a complaint on Monday in Oklahoma federal court, alleging that the department wrongly ruled his father’s death invalidated his application to have tribal land taken into trust.

  • April 7, 2015

    State Dept. Secretly Greenlighted 2 Pipelines, Tribe Says

    Several environmental and Native American groups asked a Minnesota federal court Monday to find that the U.S. Department of State violated federal law by authorizing two cross-border pipeline projects without public input or an environmental impact statement.

  • April 7, 2015

    Pa. Court Upholds Death Benefits In Tribal Marriage Row

    A Pennsylvania Commonwealth Court on Tuesday said Elk Mountain Ski Resort Inc. must provide death benefits to the wife of a deceased man, finding that the couple’s traditional Native American ceremony clearly established their common-law marriage.

  • April 7, 2015

    Fed. Circ. Denies $1B Damages Bid In NY Tribal Land Row

    The Federal Circuit on Tuesday rebuffed a $1.1 billion damages bid by the Shinnecock Indian Nation against the federal government for allegedly violating its trust obligations in a land reclamation dispute, affirming a Federal Claims Court ruling that the nation’s suit couldn’t be reviewed until related litigation had been resolved.

  • April 6, 2015

    Boeing Tells 9th Circ. Dart Cherokee Beats Remand

    The Boeing Co. urged the Ninth Circuit to overturn a district court's remand to Washington state court of a mass action alleging the aerospace giant contaminated groundwater near an aircraft parts plant, arguing Monday that the U.S. Supreme Court's recent Dart Cherokee decision broadly favors removal.

  • April 6, 2015

    DC Circ. To Hear Native's USDA Witness Interference Claims

    The D.C. Circuit said Friday it would further consider an appeal by a South Dakota tribe member alleging the U.S. Department of Agriculture illegally prevented Bureau of Indian Affairs employees from serving as witnesses to his claim to share in a settlement over discrimination in the department’s farm loan program.

  • April 6, 2015

    DOI Says It Didn't Miss Deadline For Navajo Judicial Funding

    The U.S. Department of the Interior asked a Washington, D.C., federal judge on Friday to toss claims that it missed the deadline on a Navajo Nation $17 million judicial funding request, saying the clock started later than alleged because of the 2013 government shutdown.

  • April 6, 2015

    Fla. Panel Floats 1-Year Seminole Blackjack Extension

    A Florida state Senate committee will consider a bill proposed Friday to give the Seminole tribe a one-year extension of the authorization for blackjack and other banked card games in its gaming compact with the state.

  • April 6, 2015

    Tribe Plays Hand Against Idaho's Poker Ban At 9th Circ.

    The Coeur D'Alene tribe of Idaho on Monday urged the Ninth Circuit to overturn the state's injunction forbidding it from holding Texas Hold 'em poker tournaments at a tribal casino, arguing that the game is "a bona fide contest of skill" that doesn't fall under a state ban on poker.

  • April 6, 2015

    Tribe Says Calif. Didn't Act In Good Faith On Casino Bid

    A California tribe shot back at the state government Monday in its federal lawsuit over its efforts to build a casino on tribal land, saying the legislature failed to fulfill its obligation to review and make a decision on ratifying its gaming compact.

  • April 6, 2015

    Navajo Panel Stands Firm Against Pot Despite DOJ Memo

    A Navajo Nation committee has approved a resolution opposing the legalization of marijuana on tribal land in the wake of the U.S. Department of Justice's decision to take a hands-off approach to marijuana in Indian territory.

  • April 6, 2015

    Fla. Tribe's Sanctions Challenge Headed To 11th Circ.

    The Miccosukee Tribe of Indians of Florida and its general counsel on Friday withdrew their motion asking a Florida federal judge to reconsider her $1 million sanctions ruling in a failed embezzlement case, kicking into gear their appeal of the ruling to the Eleventh Circuit.