Native American

  • 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.

  • March 16, 2017

    Sioux Tribe Asks DC Circ. To Halt Dakota Access Oil Flow

    The Cheyenne River Sioux Tribe urged the D.C. Circuit on Wednesday to block Dakota Access LLC from letting oil flow through its nearly completed pipeline on a stretch of federal land in North Dakota, a day after a lower court refused an injunction based on the tribe's claims the pipeline would interfere with its exercise of religion.

  • March 16, 2017

    Mich. Judge OKs Tribe's Gambling Deal With State

    A Michigan federal judge on Wednesday approved an agreement between the state of Michigan and the Hannahville Indian Community that will allow the tribe to continue to operate its Island Resort & Casino in the state’s Upper Peninsula under the terms of its old gaming compact.

  • March 16, 2017

    9th Circ. Backs Tribal Right To Water. But How Much?

    A Ninth Circuit ruling backing the Agua Caliente Band of Cahuilla Indians' right to tap groundwater for their reservation marked a key win for tribes, but experts say the still-unresolved question of how much water tribes may be entitled to in similar disputes may cause them to look for settlements in future water access battles.

  • March 16, 2017

    Clean Energy Takes It On The Chin In Trump Budget Plan

    Clean energy technology development and federal land acquisitions are on the chopping block in slimmed-down U.S. Energy and Interior Departments budgets proposed Thursday by President Donald Trump, though the agencies were spared the draconian cuts proposed for the Environmental Protection Agency.

  • March 16, 2017

    Trump Proposes Slashing EPA's Budget By $2.6B

    President Donald Trump on Thursday proposed cutting the U.S. Environmental Protection Agency’s budget by nearly a third, a $2.6 billion reduction that would prompt drastic changes at the EPA and move the agency further from the climate change goals of the previous administration.

  • March 15, 2017

    DOI Plans To Rescind Obama-Era Fracking Rule

    The federal government is planning to take back hydraulic fracturing regulations finalized in 2015 now that Pres. Donald Trump’s administration is in charge, according to a filing Wednesday asking the Tenth Circuit to put off oral arguments at least until the government makes its move.

  • March 15, 2017

    DOI Indian Affairs Deputy Solicitor Rejoins Steptoe

    Steptoe & Johnson LLP on Tuesday announced the return of one of its attorneys who principally focuses on Native American policy and legal matters after he spent the last couple of years serving in the U.S. Department of the Interior.

  • March 15, 2017

    Judge Denies Tribal Status To Frank's Landing For Now

    A Washington federal judge on Wednesday approved the U.S. Department of the Interior’s bid to throw out a suit brought by Frank's Landing Indian Community seeking qualification as a tribe eligible to conduct gambling, saying it doesn’t qualify under current statute but may still seek recognition through administrative procedures.

  • March 15, 2017

    Mich. Tribe Seeks End To Woman's Slip-And-Fall Suit

    The Sault Ste. Marie Tribe of Chippewa Indians pressed a Michigan federal court Monday to rule that it cannot hear a woman’s case challenging a tribal appellate court’s decision to toss her tort claims stemming from an incident in which she fell at a convenience store owned by the tribe.

  • March 15, 2017

    Enviros Fight EPA For Pruitt’s Emails

    The Center for Biological Diversity said Wednesday it has filed an administrative appeal of the U.S. Environmental Protection Agency’s decision to deny its request for any and all communications to and from new EPA Administrator Scott Pruitt since he was confirmed by the Senate.

  • March 15, 2017

    Tribe Can't Halt Dakota Access Oil Flow During Appeal

    A D.C. federal judge refused Tuesday to prevent Dakota Access LLC from letting oil flow through its pipeline on a stretch of federal land in North Dakota while the Cheyenne River Sioux Tribe challenges a recent ruling that shot down its attempt to block the pipeline’s operation there.

  • March 15, 2017

    9th Circ. Rules In Tribe’s Favor Over Its Exclusion Of Members

    In a split decision Tuesday, a Ninth Circuit panel affirmed a district court’s dismissal of a challenge from members of the United Auburn Indian Community to a decision that temporarily banned them from tribal land, saying the lower court lacked jurisdiction to review their claim.

  • March 14, 2017

    Michigan Reaches Gambling Deal With Hannahville Tribe

    The state of Michigan and the Hannahville Indian Community filed an agreement with a federal court Tuesday that would allow the tribe to keep operating its casino in the state’s Upper Peninsula under their old gaming compact, after negotiations toward a new compact stalled.

  • March 14, 2017

    10th Circ. Keeps Clamps On New Mexico In Tribal Casino Row

    The Tenth Circuit on Tuesday kept an injunction in place to block New Mexico from punishing third-party vendors that work with the Pueblo of Pojoaque’s casinos, despite the state’s contentions that the tribe’s gaming operations are illegal and the state’s regulation of the vendors doesn’t violate Indian gaming law.

Expert Analysis

  • 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.

  • When You Find Human Remains On Your Construction Site

    Richard S. Reizen

    Contractors often stumble upon artifacts, ancient burial grounds, cemeteries and human remains while in the midst of a construction project. The most important immediate action is to stop work, contact the authorities and preserve the remains and artifacts, say Richard Reizen and Daniel Crowley of Gould & Ratner LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.