Native American

  • February 15, 2017

    Calif. County Can Fight Tribal Casino, DC Circ. Told

    A California county has urged the D.C. Circuit to allow it to challenge a U.S. Department of the Interior decision backing a proposed tribal casino, arguing that it had retained the right to oppose the project.

  • February 15, 2017

    Calif. Tribe Asks To Join County-BIA Suit Over Trust

    The Santa Ynez Band of Chumash Indians asked a California federal court Tuesday to let it intervene in Santa Barbara County's lawsuit challenging the Bureau of Indian Affairs' decision to take more than 1,400 acres of land into trust for the tribe, saying the matter is “of extraordinary importance” to it.

  • February 15, 2017

    Nooksack Tribe Accuses Feds Of Illegally Denying Funding

    The Nooksack Indian Tribe has hit the U.S. Department of the Interior with a lawsuit claiming the federal government has improperly withheld nearly $14 million in funding it owes under contracts with the tribe because the DOI wrongly found the tribe's governing council lacked a quorum.

  • February 15, 2017

    Conn. Claims Immunity Against Tribe's $610M Suit

    The state of Connecticut urged a state court Tuesday to toss a $610 million lawsuit brought by the Schaghticoke Tribal Nation seeking compensation for the alleged unconstitutional taking of the tribe’s land and mismanagement of its funds, saying the state’s sovereign immunity blocks the suit and it’s not clear the plaintiff has standing to represent the tribe.

  • February 15, 2017

    GAO Targets 34 Areas Of Concern In Federal High Risk List

    The U.S. Government Accountability Office released a new list of “high risk” federal programs particularly susceptible to fraud, abuse or mismanagement on Wednesday, adding various Native American programs, environmental liabilities and the upcoming census to the list while removing programs for managing terrorism-related information.

  • February 15, 2017

    Standing Rock Says Corps Broke Law With Pipeline OK

    The Standing Rock Sioux Tribe asked a D.C. federal court Tuesday to rule that the U.S. Army Corps of Engineers flouted federal law by giving Dakota Access LLC the final approval needed for its controversial $3.8 billion, 1,172-mile crude oil pipeline and axing a planned environmental review.

  • February 14, 2017

    House OKs Bill Letting Texas, Okla. Set Red River Land Fate

    Texas and Oklahoma could soon determine their own borders — and the fate of 30,000 acres claimed as federal land — if the Senate takes up a bill the House passed Tuesday to mandate the federal government accept a survey of the Red River commissioned by the states.

  • February 14, 2017

    Tribes Seek Ruling That SD Kept Kids From Families Too Long

    The Oglala and Rosebud Sioux Tribes continued to press a federal judge Monday to hand them a win on their allegation that officials within South Dakota's social services department inadequately trained and supervised staff in a lawsuit challenging the state's handling of custody proceedings involving Native American children.

  • February 14, 2017

    EPA Asks Out Of Navajo, NM Suits Over Gold King Mine Spill

    The U.S. Environmental Protection Agency urged a federal judge Monday to toss liability suits by the Navajo Nation and the state of New Mexico over the agency’s role in the 2015 Gold King Mine spill, saying it has sovereign immunity to claims under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 14, 2017

    Ex-Health Exec Blasts Tribe's Dismissal Bid In FCA Suit

    A former health executive of the Sauk-Suiattle Indian Tribe of Washington asked a federal judge Monday not to toss his False Claims Act suit against the tribe, saying that as a statute of general applicability, the act applies to the tribe in suits brought by or on behalf of the United States.

  • February 14, 2017

    BIA Asks 9th. Circ. To Nix Injunction In Contract Row

    The Bureau of Indian Affairs urged the Ninth Circuit on Friday to undo a ruling that blocks the agency from approving contracts for two tribes that share a reservation in Wyoming but lack a confederated government without receiving consent from both, saying it has already committed to doing so.

  • February 14, 2017

    Senate Dems Push To Delay Pruitt Vote, Question Icahn Links

    Democratic members of the Senate Environment Committee on Tuesday pushed to delay a confirmation vote for President Donald Trump’s pick to lead the U.S. Environmental Protection Agency, saying they need to review a pending open records lawsuit against the nominee, while other Senate Democrats demanded more information on Carl Icahn's role in the Trump administration.

  • February 14, 2017

    Utilities Vote To Close Navajo Coal Plant At End Of 2019

    Citing high electricity costs, the owners of the Navajo Generation Station voted on Monday to close the massive coal-fired power plant at the end of 2019, although one owner — the federal government — wants to explore ways to keep the plant open.

  • February 13, 2017

    Some Indian Health Jobs Exempt From Hiring Freeze: HHS

    The acting director of the U.S. Department of Health and Human Services' Indian Health Service told Native American leaders in a letter Friday that certain positions in the agency will be exempted from President Donald Trump's federal hiring freeze, including those connected with direct patient care.

  • February 13, 2017

    Wash. Tribe Insists Court Can Limit BNSF Oil Shipping

    A Washington state tribal community on Friday continued pressing for a new ruling in a dispute with BNSF Railway Co. over the right to transport large quantities of crude oil across tribal land, challenging the “assumptions” behind the court’s decision that it had no power to enforce the parties’ right-of-way agreement.

  • February 13, 2017

    NCAI President Looks For Trump To Build On Obama Success

    The leader of the National Congress of American Indians urged the Trump administration Monday to work with tribes at a government-to-government level on infrastructure, energy development, tax reform and other issues to build on former President Barack Obama’s strong track record with Indian Country.

  • February 13, 2017

    Tribe Tells 8th Circ. Lower Court Got Pipeline Row Wrong

    Officials for the Three Affiliated Tribes asked the Eighth Circuit on Friday to find that a lower court lacked jurisdiction over Paradigm Energy Partners LLC’s lawsuit seeking to prevent them from interfering with the construction of a pair of pipelines underneath a lake on the tribes' reservation in North Dakota.

  • February 13, 2017

    Agent In Tribal Relics Sting Wins 10th Circ. Suicide Row

    The Tenth Circuit in a precedential ruling Monday declined to revive an excessive force claim that a doctor's estate brought against a federal agent after the doctor committed suicide not long after being arrested amid an investigation into Native American artifact trafficking.

  • February 13, 2017

    Cheyenne Lose Emergency Bid To Halt Dakota Access Drilling

    A D.C. federal judge refused Monday to halt construction and drilling on the recently approved final stage of the Dakota Access pipeline, rejecting the Cheyenne River Sioux Tribe’s plea for a temporary restraining order to ostensibly protect a religiously and culturally significant lake.

  • February 13, 2017

    Oglala Sioux Push For Dakota Access Pipeline Enviro Report

    The Oglala Sioux Tribe filed a lawsuit in D.C. federal court Saturday to force the U.S. Army Corps of Engineers to complete an environmental review that fully analyzes the impacts of the controversial Dakota Access pipeline on the tribe’s treaty rights.

Expert Analysis

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • In Congress: More Cabinet, High Court


    Congressional activity this week is likely to be overshadowed by the president’s expected announcement of a Supreme Court nominee on Thursday, initiating a confirmation process that will consume a great deal of Senate time in the weeks ahead, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • Understanding Trump Pipeline Memo On US-Sourced Materials

    James Bowe, Jr.

    Among the executive orders and presidential memoranda focused on pipeline projects that President Donald Trump signed on Monday was one that called for any future pipeline work to use "materials and equipment produced in the United States." The memorandum provides some interpretive guidance, but leaves other important terms unclear, say attorneys from King & Spalding LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics


    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Native American Recognition In Newfoundland: Part 2

    Stephen M. Anstey

    Applicants seeking membership to the Qalipu Mi'kmaq First Nation Band are evaluated by an unforgiving point system, which makes it especially difficult for those living outside Newfoundland to gain Qalipu status. Placing such a significant weight on geographic location is problematic, says Stephen Anstey of Kilpatrick Townsend & Stockton LLP.

  • Native American Recognition In Newfoundland: Part 1

    Stephen M. Anstey

    On Jan. 31, tens of thousands of applicants expect to be denied membership to the Qalipu Mi'kmaq First Nation Band because they do not meet the now stringent membership criteria. Applicants' concerns include heightened and sometimes double standards, the unforgiving point system and the composition of the enrollment committee, says Stephen Anstey of Kilpatrick Townsend & Stockton LLP.

  • Inside High Court Argument On Offensive Trademarks

    Ann Dunn Wessberg

    Last week, the U.S. Supreme Court heard oral argument in Lee v. Tam to decide whether the Trademark Act’s prohibition on registering “disparaging” marks violates the First Amendment. The court heaped a good deal of skepticism toward both sides, perhaps a little more against the government, says Ann Dunn Wessberg, chairwoman of Fredrikson & Byron PA's trademark group and former chief trademark counsel for Target.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.