Native American

  • January 17, 2017

    Tribe Gets Partial Win In BNSF Oil Haul Spat

    A Washington federal judge concluded Friday that BNSF Railway Co. breached a right-of-way easement agreement with the Swinomish Indian Tribal Community by increasing crude oil shipments across reservation land, but that the tribe must ask a different forum to limit the railroad company’s activity.

  • January 17, 2017

    Dakota Access Urges Judge To Halt New Enviro Review

    Developers of the controversial Dakota Access pipeline on Monday urged a D.C. federal judge to block a more stringent federal environmental review until he rules on its claim that it has already received the necessary permission to complete construction under Lake Oahe in North Dakota.

  • January 17, 2017

    9th Circ. Won't Halt Ariz. Highway Project Near Tribal Land

    The Ninth Circuit has rejected a bid from the Gila River Indian Community to halt work on a Phoenix-area highway project as it appeals a district court ruling that federal and state agencies took no shortcuts on environmental reviews when giving the project the go-ahead, while also consolidating the appeal with a similar one.

  • January 17, 2017

    EPA Says It Can't Pay For Gold King Mine Spill Claims

    The U.S. Environmental Protection Agency on Friday said that it can't pay for any tort claims against it for its role in triggering the 2015 Gold King Mine disaster, despite the agency’s long-standing assertion that it would take full responsibility for handling the spill.

  • January 17, 2017

    BLM Venting Rules Take Effect As Court Case Continues

    Three Western states and industry groups lost a bid Monday to block a Bureau of Land Management rule aimed at limiting methane releases from drilling operations on federal and Native American lands from taking effect Tuesday while a Wyoming federal judge hears the merits of the case.

  • January 13, 2017

    CashCall, Western Sky Reach $1.25M Deal With Fla. AG

    Lenders CashCall Inc. and Western Sky Financial LLC have agreed to a settle yet another state action over charging allegedly illegal interest rates, this time paying a total of $1.25 million to the state of Florida with around $11 million for borrowers, Attorney General Pam Bondi announced Friday.

  • January 13, 2017

    Mich. Gov. Urges Dismissal Of Tribe's Casino Land Suit

    Michigan Gov. Rick Snyder asked a federal court Friday to throw out the Bay Mills Indian Community’s suit seeking to establish that it can operate a casino off its reservation, saying a 1997 federal law didn’t automatically allow the tribe to conduct gambling on a parcel of land it bought.

  • January 13, 2017

    Utah Town Urges High Court To Hear Tribal Boundary Dispute

    A Utah city has urged the U.S. Supreme Court to hear its petition challenging a decision in a Native American tribe’s lawsuit over its reservation boundaries, saying a Tenth Circuit ruling directly contradicted high court precedent by keeping the city in the litigation and wrongly reassigned a district court judge in a bid to speed up the protracted case.

  • January 13, 2017

    Tribe Says Leaders' Indictment Boosts Suit Against Bank

    The Paskenta Band of Nomlaki Indians told a California federal judge Thursday that the recent indictment of three former tribal officials on embezzlement charges bolsters its case against a bank that allegedly knew the ex-leaders were exploiting their positions to steal from the tribe.

  • January 13, 2017

    Tribe's Ex-GC Changes Mind On Alston & Bird DQ

    The former general counsel for the Miccosukee Tribe of Indians of Florida withdrew his bid to disqualify Alston & Bird LLP from representing the tribe in a battle over a failed embezzlement suit against its former lawyers and recently re-elected chairman, saying Thursday that the matter underlying the request had been resolved.

  • January 13, 2017

    Jason Galanis To Plead Guilty In $60M Tribal Bond Scheme

    Serial fraudster Jason Galanis is expected to plead guilty to his role in a scheme to induce a tribal entity to issue more than $60 million in bonds so he could steal the proceeds to finance previous criminal defense costs, his attorney revealed Friday in a New York federal court.

  • January 13, 2017

    DOI OKs First New Alaska Tribal Trust Land In Decades

    The U.S. Department of the Interior said on Friday that it will take a parcel of land into trust for the federally recognized Craig Tribal Association in Alaska, marking the first land-into-trust action for a tribe in the state since the agency changed a rule that had blocked such acquisitions.

  • January 12, 2017

    Fla. Gaming Bill Eyes Seminole Deal, Slots, Fantasy Sports

    A comprehensive gaming bill filed Thursday in the Florida state Senate specifies a path to ending litigation and approving a new compact with the Seminole Tribe, regulating fantasy sports, and finding a balance between expanding opportunities for slot machines statewide while reducing overall gaming permits.

  • January 12, 2017

    Tribal Students File Civil Rights Suit Over Failing School

    A group of students at a federally funded school for Havasupai Tribe members and the Native American Disability Law Center hit the Bureau of Indian Education with a suit in Arizona federal court Thursday, alleging the school falls far short of providing the education the students are owed under federal law.

  • January 12, 2017

    Navajos Say Contractor Can't Escape Gold King Spill Suit

    The Navajo Nation shot back Wednesday at a U.S. Environmental Protection Agency contractor’s attempt to escape a liability suit over the Gold King Mine spill, saying the contractor was directing remediation activities and conducting operations at the site when the disaster occurred.

  • January 12, 2017

    Tribes Can't Wrest Control Of Water Project, Feds Say

    The federal government fought back against an effort by two Native American tribes to halt the U.S. Bureau of Reclamation’s operation of an irrigation project, telling a California federal court Wednesday the tribes haven’t shown they need such a step to protect the salmon they rely on.

  • January 12, 2017

    Oil Terminal Projects Can't Duck Wash. Ocean Law, Court Says

    Washington state's top court on Thursday unanimously reversed a lower court's conclusion that a proposed oil terminal expansion wasn't subject to the state's coastal protection law, saying the decision improperly restricts the law's intended ability to protect against the environmental risks of oil and other fossil fuels.

  • January 12, 2017

    Calif. Group Seeks To Toss DOI Rule On Tribal Casino Land

    A California community group urged a D.C. federal court Wednesday to throw out a regulation requiring the U.S. Department of the Interior to immediately acquire land after taking it into trust for a tribe, claiming the rule would shut down a state law challenge to a planned tribal casino near Sacramento.

  • January 12, 2017

    Energy Pick Perry Cuts Ties With Dakota Access Companies

    President-elect Donald Trump’s choice for secretary of energy, former Texas Gov. Rick Perry, is breaking ties with some energy companies, including stepping down from the boards of two companies developing the Dakota Access pipeline and, should he be confirmed for the role, vowing to shed stock in them.

  • January 12, 2017

    BC Greenlights Kinder Morgan Canadian Pipeline Project

    The government of British Columbia on Wednesday signed off on Kinder Morgan Inc.'s $5.4 billion Trans Mountain Pipeline expansion project, allowing the midstream giant to clear another major regulatory hurdle after the Canadian federal government approved the project in November.

Expert Analysis

  • The Future Of Legal Marijuana: Post-Election Outlook

    Richard L. Spees

    Following the 2016 election, marijuana legalization is spreading across states and becoming less important at the federal level. While marijuana is not yet treated like tobacco and alcohol, the federal policy environment seems unlikely to impose significant restrictions on access in the near future, say Richard Spees and Joshua Mandell of Akerman LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • 2 'True Lender' Cases With Impact On Marketplace Platforms

    Henry G. Morriello

    A California federal court recently rendered decisions in CashCall and Navient Solutions with “true lender” implications of potential significance to the marketplace lending industry, but with markedly contrasting results, say attorneys with Kaye Scholer LLP.

  • Indian Country: More Of The Same Or Something New?

    David Coventry Smith

    Now that the Standing Rock protests have brought Indian interests into the national spotlight, the incoming administration has the opportunity to implement beneficial policies regarding the federal trust responsibility owed to Indians and tribes, if we can acknowledge lessons learned from the past, says David Smith of Kilpatrick Townsend & Stockton LLP.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • The Future Of DAPL And Tribal Consultations

    Maranda Compton

    Although any judicial decision on Dakota Access’ recent claims that the Army Corps of Engineers attempted to block construction of the Dakota Access pipeline project won't be issued until at least the end of February 2017, the future of the DAPL could hinge not on U.S. District Court Judge James Boasberg' decisions, but on actions taken by the next administration, say attorneys at Van Ness Feldman LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 3

    Kluft_David_FoleyHoag.jpg

    David Kluft of Foley Hoag LLP is back with 28 more tasteful tales about 2016's most notable beer and wine trademark disputes.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.