Native American

  • May 17, 2017

    Senate Panel Passes Bill Meant To Bolster Tribal Economies

    The U.S. Senate Committee on Indian Affairs greenlighted a bill aimed at boosting economic growth and access to capital within Native American communities, the committee’s chairman announced Wednesday.

  • May 17, 2017

    Rancher Fights To Keep Alive Road Rows With Feds, Tribe

    A member of the Assiniboine Tribe of the Fort Belknap Reservation has urged a Montana federal court not to toss lawsuits against the federal government and the tribe in which she alleges that the construction of a road across her ranch caused property damage and the discharge of pollutants.

  • May 17, 2017

    Town Looks To Block 1st Circ. Ruling OK'ing Tribal Casinos

    A Martha's Vineyard town and a community group said Tuesday they plan to appeal to the U.S. Supreme Court a recent First Circuit decision that paved the way for a local tribe to host gaming facilities on tribal land, filing a motion to delay a mandate on the circuit court's ruling.

  • May 17, 2017

    Saginaw Press 6th Circ. For Chance To Fight Rival Casino

    A Michigan tribe looking to protect its gambling revenue pressed the Sixth Circuit for permission to intervene in the Bay Mills Indian Community's suit seeking the right to operate an off-reservation casino, arguing Tuesday that a lower court held its intervention request to too high of a standard.

  • May 17, 2017

    Ariz., Tribe Reach Deal To Settle Phoenix-Area Casino Suit

    The state of Arizona and the Tohono O’odham Nation said Wednesday that they have come to an agreement to wrap up litigation between them and allow the tribe to offer Las Vegas-style gambling at its casino near Phoenix in exchange for its agreeing not to open another casino in the area.

  • May 16, 2017

    Conn. Tribe Blasts State's Bid To Dodge $610M Suit

    The Schaghticoke Tribal Nation on Monday blasted Connecticut’s attempt to toss the tribe's $610 million state court lawsuit seeking compensation for the alleged unconstitutional taking of its land and mismanagement of its funds, rejecting the contention that it lacks standing to pursue the case.

  • May 16, 2017

    Split Of $380M In Native Farmer Deal OK’d Despite Dissent

    A divided D.C. Circuit on Tuesday rejected a Native American class representative’s challenge to a plan to redistribute $380 million left over from the landmark Keepseagle settlement of racial discrimination claims by farmers and ranchers against the government, but a biting dissent imputed political motives to the deal and questioned its constitutionality.

  • May 16, 2017

    Judge Denies Bid To Add NEPA Claim In Logging Project Suit

    A California federal judge on Monday wouldn’t let the Karuk tribe and several environmental groups add a National Environmental Policy Act claim to their suit challenging a logging project in the Klamath National Forest.

  • May 16, 2017

    Tribal Cig Co. Asks 9th Circ. To Reverse Ruling In Feds' Suit

    A Native American-owned tobacco manufacturer urged the Ninth Circuit on Monday to overturn a Washington federal court's ruling requiring the company to fork over millions in payments to the federal government under the Fair and Equitable Tobacco Reform Act, saying the U.S. Constitution bars the taking of the company's property.

  • May 16, 2017

    Feds Look To Nix Tribe's Suit Over Okla. Fracking Approvals

    The federal government on Monday urged a federal court to toss the Pawnee Nation of Oklahoma’s lawsuit accusing it of approving oil and gas leases and fracking permits on the tribe’s land without properly considering the environmental impacts, which links that alleged failure to a recent record-breaking earthquake in the state.

  • May 16, 2017

    IHS Hit With Negligence Suit Over Infant Brain Injuries

    The Indian Health Service and the Chickasaw Nation Medical Center were hit with a suit on Monday from the parents of a boy who alleged that they have suffered enormous expenses because of the care required for their child as a result of his brain damage at the center.

  • May 15, 2017

    Hopi Get OK To Join, Seek Nix Of Navajo Seized Remains Row

    An Arizona federal judge on Friday allowed the Hopi Tribe to step into the Navajo Nation’s lawsuit seeking to force the federal government to return human remains and funerary objects taken from tribal land so that it can argue in favor of the dispute’s dismissal.

  • May 15, 2017

    Conn. Tribes Tout DOI Letter In Bid For $300M Casino Project

    The Mohegan and Mashantucket Pequot Tribes on Monday pointed to a U.S. Department of the Interior letter they say backs their plans to open a joint-owned casino in Connecticut, as the DOI in the letter reiterated its view that the casino wouldn’t upset the tribes’ current revenue-sharing agreements with the state.

  • May 15, 2017

    Calif. Water District Fights To Keep Stay In Tribal Case

    The Coachella Valley Water District asked a California federal court Monday to deny the Agua Caliente Band of Cahuilla Indians' motion to lift the stay in a battle over groundwater rights.

  • May 15, 2017

    Wash. Judge Nixes Suit Against DOI Over Nooksack Funding

    A Washington federal judge has tossed a suit by the purported tribal council of the Nooksack Indian tribe alleging that the U.S. Department of the Interior improperly withheld nearly $14 million in funding it owes under contracts, saying that the court had to defer to the department’s view that the council didn’t have authority to sue on the tribe’s behalf.

  • May 15, 2017

    Justices Won't Hear Oneida Trust Land Appeal

    The U.S. Supreme Court on Monday refused to take up an appeal by a group of plaintiffs challenging the U.S. Department of the Interior's 2008 decision to take thousands of acres of land into trust for the Oneida Indian Nation.

  • May 12, 2017

    Conn. Tribes' $300M Joint Casino Push: A Cheat Sheet

    The Mohegan and Mashantucket Pequot tribes are touting their proposal for a joint-owned tribal casino in Connecticut as a sure bet to boost sagging gaming revenues and create jobs, but their $300 million plan faces fierce opposition from MGM Resorts International, which is building a potentially competing casino in nearby Massachusetts. Here, Law360 brings you up to speed on what's been happening.

  • May 12, 2017

    Agency Watchdog Cuts Could Backfire, Dems Warn

    Government oversight officials worry a hiring freeze imposed in the early days of the Trump administration and subsequently proposed staff reductions are likely to exacerbate financial problems at their agencies rather than alleviate them, according to a memo released by House Democrats on Friday.

  • May 12, 2017

    Tribe Members' Suit Over Cig Sale Prosecutions Gets Nixed

    A Washington federal judge on Thursday freed three law enforcement agents from a suit with which Native American tribe members had attempted to block criminal prosecution for illegal cigarette sales on tribal land, marking the dismissal of the last remaining named defendants and so the case itself.

  • May 12, 2017

    Maine Judge Grants EPA Stay To Review Tribal Water Rules

    A Maine federal judge on Friday gave the U.S. Environmental Protection Agency a 90-day stay in the state’s suit challenging the EPA’s tightening of water quality standards for tribal waters, giving the agency the time it requested to review the policy.

Expert Analysis

  • The Current State Of Renewable Energy Disputes: Part 4

    Justin Tschoepe

    In addition to disputes with governmental entities, or over the use of sovereign land, renewable energy companies frequently face disputes involving purely private parties. The final part of this series summarizes three common examples of such litigation, including shareholder litigation, consumer disputes and nuisance lawsuits, say Justin Tschoepe and William Wood of Norton Rose Fulbright.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • New Divisions In Indian Country Over Energy Justice

    Matthew L.M. Fletcher

    If energy tribes become greater players in resource extraction, it will only be a matter of time before environmentally oriented tribes begin to challenge them in court and in politics. If so, we will see a terrible battle over competing claims to tribal sovereignty as congressional rhetoric turns more to action, and tribal communities line up against each other, says Matthew Fletcher of Michigan State University College of Law.

  • The Current State Of Renewable Energy Disputes: Part 3

    Justin Tschoepe

    In part 3 of this series, Justin Tschoepe and William Wood of Norton Rose Fulbright discuss disputes brought on behalf of the U.S. government under the federal False Claims Act and suits against foreign sovereigns related to the scaling back of state benefits for renewable energy companies.

  • The Current State Of Renewable Energy Disputes: Part 2

    Justin Tschoepe

    A wide variety of disputes has arisen relating to state laws and local municipal ordinances as they apply to the building and operation of renewable energy projects and the provision of renewable energy. Part 2 of this series summarizes some of the most common types of disputes in the renewable energy industry involving these state and local issues, say Justin Tschoepe and William Wood of Norton Rose Fulbright.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Current State Of Renewable Energy Disputes: Part 1

    Justin Tschoepe

    As any industry grows, those within it are likely to face increased amounts of litigation. In part 1 of this four-part series, Justin Tschoepe and William Wood of Norton Rose Fulbright address the most common types of environmental and land-use challenges that are being brought against utility-scale wind and solar projects.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Tribal Self-Governance Under Trump: A Common Goal

    Venus McGhee Prince

    Today, tribes' unwavering resolve to assume control over a greater number of programs traditionally provided by the federal government may in fact reflect the zeitgeist of the Trump administration. Tribes must educate a new, not-yet-appointed cadre of federal officials on how tribal self-governance can create economic growth not only in Indian country but in the surrounding communities as well, say Venus McGhee Prince and Claire Ne... (continued)

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.