Native American

  • March 21, 2017

    Wash. Tribe Wins Temporary Block On Others' Halibut Fishing

    A Washington federal judge on Monday granted an emergency request by the Quileute Tribe to temporarily block the first day of unrestricted halibut fishing by tribes in the region because of bad weather on the coast that would give inland tribes an unfair advantage, despite pushback from three tribes who said weather forecasts don’t normally demand a delay across the board.

  • March 21, 2017

    EPA's Pruitt Targeted In Okla. Ethics Complaint Over Emails

    Environmentalists and a law professor on Tuesday filed an ethics complaint with the Oklahoma Bar Association against U.S. Environmental Protection Agency Administrator Scott Pruitt, alleging he misled Congress about his use of a personal email address to conduct business during his tenure as Oklahoma's attorney general.

  • March 21, 2017

    Tribal Members Fight Sanctions Bid In Suit Over Cig Sales

    Native American tribe members blasted a bid for sanctions filed by Washington state employees they have sued in an attempt to block them from pursuing criminal cases for the illegal sale of cigarettes on Indian land, defending their proposed amended complaint as justified and calling the sanctions request an “unjustified attack.”

  • March 20, 2017

    Justices Asked To Tackle Spokeo Divide In Card Receipt Row

    A man who accused a Native American tribe-owned restaurant of failing to properly truncate customer receipts is asking the U.S. Supreme Court to review the toss of his claims, arguing that the dispute presents a golden opportunity to settle the divide among lower courts prompted by last year's Spokeo decision. 

  • March 20, 2017

    South Dakota, Tribe Double Down In Casino Tax Battle

    The Flandreau Santee Sioux Tribe and the state of South Dakota traded blows in federal court Friday in their tax battle, with the tribe claiming that the state has no business imposing a use tax on the money nonmembers spend at the tribe’s casino.

  • March 20, 2017

    High Court Refuses Credit-Card Receipts Suit Against Tribe

    The U.S. Supreme Court declined Monday to hear a case brought by a man who alleged the Oneida Tribe of Indians in Wisconsin illegally printed too much credit card information on receipts, letting stand the decision by two lower courts that the tribe, as an independent nation, was precluded from a federal law governing credit reporting. 

  • March 20, 2017

    9th Circ. Rejects Challenges To Navajo Plant Smog Plan

    The Ninth Circuit on Monday rejected challenges to the U.S. Environmental Protection Agency's plan to cut emissions at an Arizona coal-fired power plant, saying that the plan to meet regional haze requirements was a reasonable use of the agency's authority.

  • March 20, 2017

    Mich. Tribe Says Off-Reservation Casino Shielded By Fed. Law

    The Bay Mills Indian Community urged a Michigan federal judge Friday not to toss its suit against the state’s governor seeking to establish that it has the right to operate an off-reservation casino, saying federal law prevents the state from blocking the tribe's gambling operation.

  • March 20, 2017

    Okla. Tribal Landowners Seek Sanctions On Pipeline Co.

    A group of tribal landowners pressed an Oklahoma federal judge Friday to force Enable Midstream Partners LP to respond to discovery requests and sanction it for refusing to do so in their suit challenging the company’s ongoing use of a gas pipeline on their property.

  • March 20, 2017

    Feds Say They Don't 'Own' Navajo Land In Cleanup Suit

    The U.S. government on Friday said it’s not required to bankroll the environmental cleanup of more than a dozen old uranium sites on Navajo Nation land, telling an Arizona federal court that El Paso Natural Gas Company LLC's bid to avoid its own liability for the mess is barred by sovereign immunity.

  • March 20, 2017

    DC Circ. Denies Tribe's Bid To Stem Dakota Pipeline Oil

    The D.C. Circuit on Saturday rejected a bid by the Cheyenne River Sioux Tribe to prevent Dakota Access from putting oil into its pipeline at a disputed North Dakota site, which could allow the company to start the flow of oil as soon as Monday.

  • March 17, 2017

    Feds, Sioux Tribe Tangle Over Bid To Halt Dakota Pipeline

    The U.S. Army Corps of Engineers and Dakota Access LLC urged the D.C. Circuit on Friday not to prevent the company from moving oil through its pipeline at a disputed site in North Dakota, while the Cheyenne River Sioux Tribe argued that an injunction is needed to protect the tribe’s religious rights.

  • March 17, 2017

    NRC Says Oglala Sioux Uranium Mine Challenge Is Premature

    The federal government on Friday urged the D.C. Circuit to nix the Oglala Sioux Tribe's challenge of the environmental assessment and license given to the operators of a South Dakota uranium mine, saying the U.S. Nuclear Regulatory Commission hasn't yet issued a final order on the project.

  • March 17, 2017

    Ariz. Tribe Hits Gov't With $200M Trust Mismanagement Suit

    The White Mountain Apache Tribe has slapped the federal government with a $200 million suit in the U.S. Court of Federal Claims, alleging the government failed in its trust duty to the tribe by mismanaging its money and the forests on its sprawling Arizona reservation.

  • March 17, 2017

    Challenge To Indian Child Act 'Bias' Is Nixed Over Standing

    An Arizona federal judge has tossed a proposed class action lawsuit challenging portions of the federal Indian Child Welfare Act as unconstitutional racial discrimination and the entire law as exceeding Congress’ power, finding Thursday that the claims were too hypothetical and that the plaintiffs therefore lacked standing.

  • March 17, 2017

    Casino Foes Ask Justices To Sink DOI Cowlitz Tribe Ruling

    Opponents of the Cowlitz Indian Tribe’s proposed casino have urged the U.S. Supreme Court to overturn a D.C. Circuit decision upholding the U.S. Department of the Interior’s acquisition of trust land in Washington state for the project, saying the ruling would allow the department’s secretary to avoid limits the high court has placed on his authority.

  • March 17, 2017

    Former EPA Administrators Slam Trump Budget Proposal

    Two former U.S. Environmental Protection Agency administrators on Friday said that President Donald Trump’s budget blueprint will “take the environmental cop off the beat” and hamper valuable science work.

  • March 17, 2017

    Wash. Tribal Members Found Exempt From Gas Import Taxes

    The right to travel guaranteed under a U.S. government treaty with the Yakama Nation prohibits the taxation of fuel imports by tribal members, a majority of Washington Supreme Court justices said Thursday in nixing a $3.6 million bill.

  • March 16, 2017

    Trump's Shrunken EPA Budget Would Also Hinder States

    President Donald Trump's newly unveiled budget proposal aligns with his promises to drastically cut the U.S. Environmental Protection Agency's funding, but would also make it difficult for states to step up and fill the gap left by a diminished EPA.

  • March 16, 2017

    Calif. Tribe, Groups Slam DOI In DC Circ. Over Casino

    The Picayune Rancheria of the Chukchansi Indians and other opponents of a different tribe’s proposed casino have urged the D.C. Circuit to overturn a lower court ruling that backed two U.S. Department of the Interior decisions to approve the project, with the Picayune claiming the agency's top official ignored the potential economic damage to its own casino operation.

Expert Analysis

  • The Need To Preserve And Expand Tribal VAWA Jurisdiction

    Rebecca M. Howlett

    Given the new administration's penchant for rolling back progressive civil rights and social justice victories achieved under the Obama administration, the fight to reauthorize the Violence Against Women Act looms large. VAWA provides crucial protection for Native American women, who are victims of violent crime more than any other demographic, primarily at the hands of non-Natives, says Becky Howlett of Kilpatrick Townsend & Stockton LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Re-Evaluating The Clean Water Rule: A Long Road Ahead

    Joel C. Beauvais

    Notwithstanding President Donald Trump’s announcement Tuesday directing the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to issue a proposed rulemaking to rescind or revise their joint 2015 Clean Water Rule, the current uncertainty over the Clean Water Act’s scope is likely to remain for the foreseeable future, say Joel Beauvais and Claudia O’Brien of Latham & Watkins LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Indian Country And Climate Change After DAPL

    Matthew L.M. Fletcher

    Considering the Trump administration's support for the Dakota Access and Keystone XL pipelines, Native Americans are at the vanguard of challenging government and business acts that worsen climate change. One wonders if it is only a matter of time before Native Americans and their resources are in the administration's crosshairs, says Matthew Fletcher of Michigan State University College of Law.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.