Native American

  • November 3, 2017

    Enviros Urge Justices To Toss Challenge To Feds' Seal Listing

    The Center for Biological Diversity has urged the U.S. Supreme Court to reject bids by the state of Alaska, oil and gas groups, and Alaska Natives to overturn the National Marine Fisheries Service’s decision to list the Pacific bearded seal as a threatened species, saying the listing properly relied on climate change models and won't overly burden the groups.

  • November 3, 2017

    Pruitt Names EPA Advisory Board Members Under New Rules

    Environmental Protection Agency Administrator Scott Pruitt on Friday named more than 130 scientists from academia, nonprofits, and the public and private sectors to three scientific advisory committees on the condition they won’t be eligible for any grant money during their terms.

  • November 3, 2017

    Up Next At High Court: Clawbacks And Congressional Power

    An attorney’s unexpected medical leave in one case and the possible settlement of another has whittled the U.S. Supreme Court’s docket down to just two oral arguments this week: a dispute over safe harbors from bankruptcy clawbacks and a question about Congress’ power to define federal court jurisdiction.

  • November 3, 2017

    Homeowners' Property Tax Suit Against Wash. Tribe Tossed

    A Washington federal judge on Thursday dismissed a suit brought by three nontribal couples challenging the tribe’s property tax, saying the couples cannot sue yet since the tax has not been enforced.

  • November 3, 2017

    Enviros Sue DOI For Docs In National Monument Review

    The U.S. Department of the Interior has refused to comply with public records law and is withholding documents related to the Trump administration’s review of national monuments, a lawsuit filed by several environmental groups in D.C. federal court alleged on Thursday.

  • November 2, 2017

    Calif. County Calls Off BIA Land Suit After Deal With Tribe

    A California county on Wednesday dropped its lawsuit over the federal government’s decision to take more than 1,400 acres of land into trust for the Santa Ynez Band of Chumash Indians, a day after the county approved a settlement with the tribe.

  • November 2, 2017

    Seneca Nation, NY Announce Reps In Gaming Revenue Row

    The Seneca Nation and the state of New York this week named the arbitrators to represent them in proceedings related to the nation’s announcement in March that it will no longer make payments of about $115 million a year to the state under their tribal-state gaming compact.

  • November 2, 2017

    Judge Urged To Reject More Safety Steps For Dakota Pipeline

    The Army Corps of Engineers and Dakota Access LLC each urged a D.C. federal judge on Wednesday not to require them to take extra safety measures while the agency conducts further environmental review of the company’s crude oil pipeline, saying the steps sought by two Native American tribes aren’t needed.

  • November 2, 2017

    BLM Takes Step To Undo Gas Venting And Flaring Rule

    The Bureau of Land Management on Wednesday sent to the White House for review a proposal to rescind or revise an Obama-era regulation aimed at limiting venting and flaring from gas wells on federal lands, which is the final step before it is made public.

  • November 2, 2017

    Tribal Officials Immune To Suit, Calif. Appeals Court Says

    A California appeals court on Tuesday backed a lower court’s tossing of a suit against officials of a tribe in the state from a tribal faction that alleged that defamatory statements were made about them in a published notice threatening disenrollment, agreeing that the suit was barred by sovereign immunity.

  • November 1, 2017

    Conn. Tribes Press DOI To Take Next Step For New Casino

    The tribes that own the Mohegan Sun and Foxwoods casinos in Connecticut told the U.S. Department of the Interior on Tuesday that the agency must publish its approval of changes to their tribal-state gaming compacts needed for a proposed joint casino, saying the department’s bid to avoid either endorsing or rejecting the revisions wasn’t an option under federal law.

  • November 1, 2017

    House OKs Slimmed-Down Review Rules For Federal Forests

    The House of Representatives passed a series of bills Wednesday intended to change policy on federal forests and certain tribal lands, over Democratic objections that one of the measures would gut environmental protections.

  • November 1, 2017

    Pruitt's Grant Ban Stokes Concerns About EPA's Integrity

    U.S. Environmental Protection Agency head Scott Pruitt said his recent decision to prohibit members of the agency’s scientific advisory committees from receiving EPA grants will reduce conflicts of interest, but experts say the move could exclude many of the nation’s best environmental scientists and damage the agency’s scientific integrity.

  • November 1, 2017

    Navajo Council Says Grand Canyon Tram Plan Won't Fly

    The Navajo Nation Council rejected a bill Tuesday that would have provided $65 million to develop an aerial tram, entertainment center and hotels for Grand Canyon sightseers on Navajo land, a vote that came amid concerns about the project’s cost, environmental impact and effect on the cultural practices of the Navajo and other tribes.

  • November 1, 2017

    Conn. OKs Daily Fantasy Sports As Pa. Opens Up Betting Path

    Connecticut Gov. Dannel Malloy on Tuesday signed off on a budget plan containing provisions allowing daily fantasy sports contests in the state, just one day after Pennsylvania Gov. Tom Wolf’s approval of a bill containing similar measures that also creates a path toward wagering on sporting events.

  • November 1, 2017

    Keweenaw Want Extra Secrecy For Casino Docs In Tax Row

    The Keweenaw Bay Indian Community, which is currently locked in a suit with Michigan officials over the state’s taxing authority, asked a Michigan federal court on Tuesday to strengthen the protective order in the case so that financial information it discloses won’t be subject to public release.

  • November 1, 2017

    Seneca Nation, Feds Strike Deal In Health Care Funding Suits

    A federal judge on Wednesday granted a bid from the Seneca Nation of Indians to toss legal action it had lodged against the U.S. Department of Health and Human Services that sought millions in annual federal health care funds for various years.

  • October 31, 2017

    Dem. Lawmakers Urge OMB To Fund Tribal Housing Plan

    Several Democratic lawmakers said in a statement Monday that they had called on the Office of Management and Budget to fully fund a plan to design a housing project on the Columbia River owed to four Native American tribes under their treaties with the federal government.

  • October 31, 2017

    EPA Says No Agency Grants For Science Committee Members

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Tuesday said that in an effort to avoid conflicts of interest, no member of one of the agency’s scientific advisory committees may receive an EPA grant while serving in that role.

  • October 31, 2017

    Tribe Asks Fed Circ. To Revisit Bid For Housing Grants

    The Lummi Tribe of Washington state asked the Federal Circuit to reconsider its decision that the Court of Federal Claims was wrong to assert jurisdiction over the tribe’s bid to win back housing grants from the federal government, saying the ruling misclassified the money.

Expert Analysis

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.