Native American

  • April 10, 2018

    DC Circuit Won't Revisit North Fork Tribe Casino Ruling

    The D.C. Circuit on Tuesday stood by its recent decision to uphold a lower court’s nix of a challenge to the North Fork Rancheria of Mono Indians’ proposed California casino, shooting down a community watchdog group’s request for a redo.

  • April 10, 2018

    Wash. Tells Justices Not To Expand Treaty Rights In River Row

    The state of Washington told the U.S. Supreme Court on Monday that a group of Native American tribes were pushing a novel treaty right in their bid to uphold a Ninth Circuit decision that said the state must protect the tribes’ salmon fishing by replacing hundreds of culverts.

  • April 10, 2018

    ENGlobal Says NASCO Contract Terms Require Payment

    ENGlobal U.S. Inc. on Monday said that its consulting and engineering contract with the Native American Services Corp. spells out that it should be paid for the work it did before the agreement was canceled, urging a Texas federal judge to reject the general contracting firm's "convoluted” arguments in favor of partial summary judgment.

  • April 10, 2018

    Okla. Tribe Member Urges Justices Not To Redo Murder Case

    A Muscogee Creek Nation member urged the U.S. Supreme Court on Monday to reject Oklahoma’s challenge to a Tenth Circuit decision that tossed his state court murder conviction and death sentence because the killing in question took place within the tribe’s reservation boundaries.

  • April 9, 2018

    EPA, Corps Fight Restart Of States' Clean Water Rule Row

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Friday objected to a recent ruling that resumed a lawsuit with which a North Dakota-led coalition of states is challenging a controversial Obama-era rule defining the Clean Water Act’s reach, saying the case should instead be halted for another year.

  • April 9, 2018

    ND Police Look To Nix DAPL Protesters' Excessive Force Suit

    Three North Dakota law enforcement officers and their respective jurisdictions urged a federal judge on Friday to nix a group of Dakota Access pipeline protesters’ proposed class action accusing them of using excessive force when responding to protests, saying the group’s constitutional claims are not viable.

  • April 9, 2018

    Pruitt’s Alleged Acts Draw Scrutiny From Ethics Office

    The U.S. Office of Government Ethics voiced concerns about reports that U.S. Environmental Protection Agency Administrator Scott Pruitt rented a condo with lobbyist ties and improperly shuffled staff who questioned his behavior in a letter to the EPA's chief ethics officer on Friday.

  • April 9, 2018

    Kinder Morgan Stops Nonessential Work On Canada Pipeline

    All nonessential work on Kinder Morgan Inc.’s Trans Mountain pipeline expansion has been brought to a halt, the company said in an announcement Sunday, adding that it would pump no more “shareholder resources” into the project in the face of political opposition.

  • April 9, 2018

    Federal Agency Chiefs Ink Deal To Speed Up Project Reviews

    Several heads of U.S. agencies on Monday inked an agreement to coordinate federal environmental reviews of major infrastructure developments, following through on President Donald Trump's executive order seeking to speed up permitting for pipelines, highways and other projects.

  • April 8, 2018

    Personnel Moves May Expose Pruitt To Whistleblower Claims

    U.S. Environmental Protection Agency Administrator Scott Pruitt’s deregulatory push has spawned a predictable flurry of lawsuits from green groups, but Pruitt may face legal battles on a different and perhaps unexpected front if agency workers who reportedly took flack after raising concerns about his actions decide to file whistleblower claims.

  • April 6, 2018

    11th Circ. Backs Dismissal Of Suit Over Seminole Subpoenas

    The Eleventh Circuit on Friday upheld a lower court ruling dismissing a suit by a group seeking to escape subpoenas from the Seminole Tribe of Florida Inc.'s court over its connections to a Florida energy company, saying the group didn’t have standing to contest subpoenas to American Express to turn over individuals' credit card and private financial records.

  • April 6, 2018

    Calif. County Can't Escape Hemp Seizure Suit, Court Told

    Cannabis Science Inc., American States University and others on Friday urged a California federal court not to toss their suit challenging a California county’s decision to seize $77 million worth of hemp crops from a Native American tribe, saying the county can’t regulate hemp that is grown for research.

  • April 6, 2018

    Okla. Tribe To Seek High Court Review Of $27M Tax Ruling

    The Citizen Potawatomi Nation on Thursday asked a federal court to put a hold on its arbitration suit against Oklahoma until the tribe can ask the U.S. Supreme Court to review a Tenth Circuit order vacating an award that freed the tribe from paying $27 million in alcohol sales taxes.

  • April 6, 2018

    Ariz. Senate Passes Bill To Kill 'Chevron Deference'

    The Arizona Senate passed a bill Thursday eliminating "Chevron deference," a legal doctrine that gives state regulatory agencies a crucial advantage in legal fights with businesses, Indian tribes and other regulated entities, in a move that could lead to similar legislation in other states and the federal government.

  • April 6, 2018

    FCC Releases Delayed Final Order Covering Tribal Broadband

    The Federal Communications Commission increased the amount of funds that many operators on tribal lands can recover from the Universal Service Fund in an order released Thursday that several commissioners called a compromise.

  • April 6, 2018

    Drug Cos., Pharmacies Want Pause In Cherokee Opioid Suit

    Major drug distributors and retail pharmacies on Thursday further pressed an Oklahoma federal judge to pause a suit from the Cherokee Nation filed against them over their alleged role in the opioid epidemic, saying that a decision is pending over whether the case should join ongoing multidistrict litigation in Ohio.

  • April 5, 2018

    Credit Reporting Agency Shakes FCRA Row Over Shared Data

    A California federal judge Wednesday axed a putative class action accusing Clarity Services Inc. of violating the Fair Credit Reporting Act, ruling that it didn’t skirt its statutory obligations when it disclosed consumers’ private information to a pair of lenders.

  • April 5, 2018

    BIA Win In Okla. Oil Lease Row Affirmed By 10th Circ.

    The Tenth Circuit on Thursday said a lower court was right to throw out a putative class action filed by two Oklahoma landowners, deciding the suit made imprecise allegations that the Bureau of Indian Affairs did not conduct the necessary environmental analysis before approving oil leases.

  • April 5, 2018

    Wichita Tribe Asks Oklahoma Court To Nix Land Row Suit

    The Wichita and Affiliated Tribes on Wednesday urged an Oklahoma federal court to toss a land row suit by the Caddo Nation of Oklahoma claiming that a tribal history center threatens ancestral graves, saying the Caddo Nation hadn't furnished evidence for its claims and that many of them are moot since construction of the center has been completed.

  • April 5, 2018

    Navajo Nation Sues DOI For Full 2018 Judicial Funding

    The Navajo Nation sued the U.S. Department of the Interior on Thursday seeking the full $17 million it requested for judiciary funding for 2018, saying the federal government’s decision to only pay part of the sum flouted the Indian Self-Determination and Education Assistance Act.

Expert Analysis

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Roundup

    EPA In The Trump Era

    EPA In The Trump Era - Thumbnail

    In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Upper Skagit To Set The Bar For Tribal Sovereign Immunity

    Carson Cooper

    In Upper Skagit v. Lundgren, the outer limits of tribal sovereign immunity will likely depend on the swing votes of Chief Justice John Roberts and Justice Anthony Kennedy. The U.S. Supreme Court is likely to uphold Upper Skagit's immunity, but the downside risk of the case is substantial, says Carson Cooper of Lippes Matthias Wexler Friedman LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.