Native American

  • July 21, 2015

    Tribes Say FERC Guidelines Should Guard Cultural Heritage

    The Colorado River Indian Tribes on Monday said the Federal Energy Regulatory Commission should aim to avoid disturbing Native American cultural resources as part of a possible revamp of guidelines focused on pipeline projects, laying out suggestions for greater tribal input.

  • July 21, 2015

    Tribe Wants Ex-Officials' Assets Frozen In Embezzlement Suit

    The Paskenta Band of Nomlaki Indians urged a California federal court Monday to freeze the assets of the former tribal officials whom it accuses of running a multimillion-dollar embezzlement scheme, arguing they had demonstrated they were apt to dissipate money pilfered from tribal accounts.

  • July 21, 2015

    Nanticoke Tribe Sues NJ To Renew Formal Recognition

    The second-largest Native American tribe in New Jersey filed a lawsuit against the state Monday over what it says is the wrongful repudiation of its state recognition status and consequent loss of rights and benefits under the state and federal constitutions.

  • July 21, 2015

    Navajo Leaders Urge United Front In Business, Politics

    The president and vice president of the Navajo Nation on Monday called for unity among the branches of the tribal government to help improve the nation's business prospects and make it a more powerful force vying against other tribes in Washington, D.C., politics.

  • July 21, 2015

    Tribe Says SD Is Skirting Federal Law In Casino Tax Case

    A South Dakota tribe on Monday again urged a federal judge to declare that the state is barred from imposing a tax against non-tribe members for activities related to the operation of its casino, arguing the state is improperly attempting to circumvent federal law.

  • July 21, 2015

    6 CERCLA Cases To Watch In The 2nd Half Of 2015

    From Arizona’s battle to keep its Comprehensive Environmental Response Compensation and Liability Act settlements out of judges' hands to a fight over whether air emissions that drift far away and land on the ground trigger liability, a number of high-profile CERLCA cases are currently underway in federal court. Here, Law360 looks at six CERCLA cases attorneys should be watching in the second half of 2015.

  • July 21, 2015

    FETRA Penalties Unconstitutional, Tribal Tobacco Co. Says

    Native American-owned King Mountain Tobacco Co. on Monday pressed a Washington federal judge to throw out the federal government’s suit seeking $6.3 million from the company under the Fair and Equitable Tobacco Reform Act, saying a recent U.S. Supreme Court decision confirms that assessments under the 2004 law are unconstitutional.

  • July 21, 2015

    Ala. Tax Assessor Rejects Tribe's Bid To Stay Discovery

    An Alabama county official on Monday urged a federal judge to deny the Poarch Band of Creek Indians’ bid to pause discovery in a row over property taxes assessed on trust lands hosting the tribe’s casino, claiming questions of fact remain in the dispute.

  • July 20, 2015

    Tribes Ask Calif. High Court To Depublish Immunity Ruling

    Thirteen Native American tribal governments on Friday urged the California Supreme Court to depublish a state appellate court decision ruling that members of another tribe’s gaming commission were not immune to a suit by a former casino table games dealer at that tribe’s casino.

  • July 20, 2015

    DOI Extends Navajo Power Plant's Lease 25 Years

    The U.S. Department of the Interior approved a 25-year lease extension Friday with the Navajo Nation for the coal-fired Four Corners power plant in New Mexico, which the department said strikes a balance between environmental protection and tribal economic development.

  • July 20, 2015

    Tribe Wants Utah Sanctioned Over Traffic Prosecutions

    The Ute Indian Tribe on Friday urged a federal judge to sanction the state of Utah and one of its counties for allegedly continuing to prosecute tribe members for on-reservation traffic offenses despite a scathing decision from the Tenth Circuit that blasted them for doing so.

  • July 20, 2015

    Gov't Beats Tribes' Challenge To $1B Calif. Solar Project

    A California federal judge has dealt a blow to tribes challenging a $1.1 billion Mojave Desert solar project, saying they failed to raise serious questions about the Bureau of Land Management’s approval of the plant and handing the U.S. government summary judgment.

  • July 20, 2015

    Native American Cases To Watch In The 2nd Half Of 2015

    In the final months of 2015, Native American law practitioners will look eagerly to the U.S. Supreme Court, which has agreed to hear two cases affecting tribal rights, with the lion's share of attention focused on Dollar General Corp.'s challenge to tribal jurisdiction over a sexual assault case.

  • July 20, 2015

    9th Circ. Lets Tribe, Enviros Challenge Federal Land Leases

    The Ninth Circuit on Monday overturned a lower court ruling tossing a challenge brought by a Native American tribe and several environmental groups to geothermal leases on California land sacred to the tribe, saying they had standing to challenge the U.S. Bureau of Land Management's decision to continue the leases.

  • July 20, 2015

    Judge Allows Appeal Of Tribal Payday Loan Arbitration Order

    A Wisconsin federal judge has entered final judgment so a borrower can appeal an order to arbitrate a proposed class action alleging CashCall Inc. violated state usury law in servicing loans from tribal payday lender Western Sky Financial LLC.

  • July 20, 2015

    Calif. Tribe Asks To Weigh In On Gaming Pact Suit

    The Chowchilla Tribe of Yokuts asked Friday to weigh in on litigation seeking to force California back into negotiations with another tribe for a proposed casino on the Chowchilla tribe’s historic homeland, telling a federal court it needs to ensure that the casino remains unbuilt.

  • July 20, 2015

    BIA Must Pay Tribe Contract Costs For Not Explaining Refusal

    The Bureau of Indian Affairs must pay an Idaho tribe the full startup costs for a road maintenance contract after failing to explain why the agency had chosen not to do so, according to a recent U.S. Department of the Interior board ruling.

  • July 20, 2015

    Tribe Sues New Mexico Over Gambling Pact Impasse

    The Pueblo of Pojoaque on Saturday sued to force the state of New Mexico to strike a new gaming compact for its two casinos, seeking hundreds of millions of dollars in damages and accusing the state of failing to negotiate in good faith.

  • July 17, 2015

    Blue Cross Sues Mich. Hospital In Tribal Insurance Row

    Blue Cross and Blue Shield of Michigan filed a third-party complaint in federal court Friday against a Michigan hospital in a suit by the Grand Traverse Band of Ottawa and Chippewa Indians alleging the insurer failed to pay “Medicare-like” rates on the tribe's claims.

  • July 17, 2015

    Racetrack Looks To Weigh In On Tribe's Instant Racing Fight

    Racetrack operator Coeur d'Alene Racing Inc. on Thursday again urged the Idaho Supreme Court to let it participate in oral arguments in a tribe's battle to ban instant horse racing, saying that its contentions have not been properly represented.