Native American

  • February 8, 2018

    ND Asks 10th Circ. To Keep Fracking Rule Rejection In Place

    North Dakota said on Wednesday that new developments support its argument that the Tenth Circuit should keep in place a lower court’s determination that the government did not have the power to apply an Obama-era fracking rule to tribal and federal land.

  • February 8, 2018

    Tribe, Enviros Give Up Suit Over Klamath Logging Project

    A California federal judge on Thursday signed off on a request from the Karuk Tribe and several environmental groups to have their own case challenging a logging project in the Klamath National Forest tossed.

  • February 8, 2018

    Corps Unresponsive In Dakota Access Permit Fight: Tribe

    The U.S. Army Corps of Engineers has not been responsive to the Cheyenne River Sioux Tribe’s request for information and efforts to participate in an additional review of the Dakota Access Pipeline ordered by a D.C. federal judge, the tribe said Wednesday.

  • February 7, 2018

    Co. Drops Suit Over Tribe's Canceled Super Bowl Venue

    A company contracted to create a temporary venue for artists to perform dropped its suit against a Shakopee Mdewakanton Sioux Community-owned limited liability company for allegedly illegally canceling the facility, which was supposed to be used leading up to and on the night of Super Bowl LII, according to a Tuesday filing in Minnesota federal court.

  • February 7, 2018

    Okla. Asks Justices To Eye Tribal Boundaries In Murder Case

    The state of Oklahoma urged the U.S. Supreme Court on Tuesday to hear its challenge to a Tenth Circuit decision tossing the state court murder conviction and death sentence of a Muskogee (Creek) Nation member because the killing in question took place within the tribe’s reservation boundaries, saying the ruling “could result in the largest abrogation of state sovereignty by a federal court in American history.”

  • February 7, 2018

    States Urge 11th Circ. To Quickly Remand Water Rule Case

    Ten states on Tuesday asked the Eleventh Circuit to hurry up and transfer a legal challenge to the U.S. Environmental Protection Agency’s Clean Water Rule to federal district court so they can get a faster decision on their bid to halt the rule’s implementation.

  • February 7, 2018

    Bankrupt Payday Lender Can't Move CFPB Suit To Texas

    A Montana federal judge refused to transfer a CFPB action alleging Think Finance duped borrowers and used sham tribal payday lenders to collect money it was not owed, finding Tuesday the case need not be moved to where the financial technology company’s Texas bankruptcy is.

  • February 7, 2018

    Texas Tribe Looks To Halt E-Bingo Order Pending Appeal

    The Alabama-Coushatta tribe on Tuesday asked a Texas federal court to hold off on enforcing an order likely barring the tribe from operating electronic bingo games while it appeals, saying it would otherwise have to close its electronic bingo center and force hundreds out of work.

  • February 7, 2018

    Senate Panel Again Advances Trump's EPA Deputy Pick

    The U.S. Senate Committee on the Environment and Public Works on Wednesday again advanced President Donald Trump's pick for the U.S. Environmental Protection Agency's second-in-command post on a strict party-line vote, with Democrats grounding their opposition in the nominee's background as a coal industry lobbyist.

  • February 6, 2018

    DOI Says Absence Of Compact Sinks Tribe's Gambling Claims

    The U.S. Department of the Interior urged a D.C. federal judge Monday to toss claims the department failed to act in time on proposed amendments to the Mashantucket Pequot's gambling deal with Connecticut for a new casino, saying the tribe isn't offering gambling under a tribal-state gaming compact that would allow it to bring such claims.

  • February 6, 2018

    Conn. Lawmakers Float Plan To Open Bidding For New Casino

    A group of Connecticut lawmakers said in a statement Tuesday that they will introduce a bill to invite bids to build the state’s next casino, a plan that would undo the state legislature’s approval of the Mohegan and Mashantucket Pequot tribes’ planned $300 million casino project and require the tribes to battle a rival proposal from MGM Resorts International.

  • February 6, 2018

    State Law Blocks Texas Tribe's E-Bingo Plans, Judge Says

    A Texas federal judge ruled Tuesday that the Alabama-Coushatta Tribe of Texas are not protected from the state’s gambling restrictions, expressing regret at the “unjust” situation but saying that permission by the National Indian Gaming Commission was not enough to authorize the tribe’s electronic bingo games.

  • February 6, 2018

    10th Circ. Reverses Okla. Tribe's $27M Alcohol Tax Win

    A three-judge Tenth Circuit panel on Tuesday reversed and vacated an arbitration decision that had exempted Oklahoma tribe Citizen Potawatomi Nation from $27 million in alcohol sales taxes, saying a tribal-state gaming compact was unenforceable.

  • February 6, 2018

    BLM Fights Effort To Undo 10th Circ. Fracking Rule Decision

    The federal government and environmental groups on Monday urged the Tenth Circuit not to grant North Dakota’s bid to leave in place a lower court ruling that the government didn’t have the authority to apply a 2015 fracking rule to tribal and federal land.

  • February 5, 2018

    What To Watch In DC: NLRB, Bears Ears, Trust Land

    Experts in Native American law are keeping an eye on long-brewing legislation in Congress that would shield tribal employers from the National Labor Relations Board and a bill to secure a scaled-down version of the Bears Ears National Monument, as well as the Trump administration's hotly debated proposal to change how tribes have land taken into trust.

  • February 5, 2018

    15 Tribes Urge Wash. Gov. To Stop LNG Project Construction

    More than a dozen Native American tribes in the Northwest urged Washington state Gov. Jay Inslee on Friday to put construction of a liquefied natural gas plant on hold, arguing the typical regulatory process was passed over.

  • February 5, 2018

    Navajo Nation Sues HHS Over $7.2M Education Program Cut

    The Navajo Nation sued the U.S. Department of Health and Human Services in D.C. federal court Friday, claiming the agency didn’t give the tribe a chance to challenge a $7.2 million cut in funding for early childhood education.

  • February 5, 2018

    Keep Tribes’ Bears Ears Case In DC, Native Groups Say

    A coalition of five tribes has told the D.C. District Court that it should reject the federal government’s bid to transfer to Utah a case challenging President Donald Trump’s decision to slash the size of Bears Ears National Monument, arguing it was a national dispute and properly in the capital.

  • February 5, 2018

    Tribe, Feds Urge 10th Circ. To Reverse Trust Land Ruling

    The United Keetoowah Band of Cherokee Indians in Oklahoma and the federal government have pressed the Tenth Circuit to reject an order barring the U.S. Department of the Interior from taking former Cherokee Nation reservation land into trust for the band.

  • February 2, 2018

    Utah Police Press Justices To Hear Tribal Trespass Case

    Current and former Utah law enforcement officials have pressed the U.S. Supreme Court to grant their petition appealing a Tenth Circuit ruling allowing a Ute Indian tribe court to hear a trespassing claim related to the shooting death of a tribe member, saying high court precedent blocks the tribal court’s jurisdiction.

Expert Analysis

  • Indian Country After 1st Year Of The Trump Administration

    Lawrence Roberts

    In year one of the Obama administration, tribes enjoyed the progress made at the first ever White House Tribal Nations Conference. The Trump administration, however, is causing tribes to feel that they must turn to the courts and Congress, say Larry Roberts and Charlie Galbraith of Kilpatrick Townsend & Stockton LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • The Uncertain Fate Of Migratory Birds

    Hilary Tompkins

    It remains to be seen if the recent reversal of the U.S. Department of the Interior's long-standing position regarding the Migratory Bird Treaty Act will withstand challenges. The launch of this decision — just before Christmas and without a solicitor — highlights some potential pitfalls, says Hilary Tompkins, a partner at Hogan Lovells and former solicitor of the DOI.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Amici Views On Big Pharma 'Renting' Sovereign Immunity

    Ben Bourke

    The Patent Trial and Appeal Board recently requested briefing from amici for the first time — in Mylan v. Saint Regis Mohawk Tribe. In general, technology and pharmaceutical companies argued that the deal assigning Allergan patents to the tribe was a sham, while other tribes and a group of law professors supported the sovereign immunity defense, says Ben Bourke of Womble Bond Dickinson LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • PTAB Deals A Crippling Blow To Sovereign Immunity

    Desmond O'Sullivan

    The Patent Trial and Appeal Board recently confirmed that while Eleventh Amendment immunity does apply to sovereign actors, those actors waive immunity when filing patent infringement lawsuits. Given that 80 percent of inter partes reviews involve patents in parallel litigation, this order markedly blunts sovereign immunity strategies, says Desmond O'Sullivan of Morrison & Foerster LLP.