Native American

  • April 7, 2017

    Mining Co. Can't Ask 9th Circ. To Revive Alaska Permits

    An Alaska federal judge on Thursday denied a coal company’s bid to have the Ninth Circuit review the judge’s decision that sided with environmental groups and an Alaska Native village by throwing out the company’s surface mining permits, saying there’s no merit to a mid-trial appeal.

  • April 6, 2017

    DOI Panel Rejects Bid To Declare Tribal Land Leases Invalid

    The Interior Board of Indian Appeals has upheld a decision by the Bureau of Indian Affairs not to invalidate leases of trust land on the Fort Peck Indian Reservation, despite “potentially troubling issues” around the agency’s handling of the leases.

  • April 6, 2017

    Feds, Tribal Band Knock Challenge To Cultural Land Decision

    The Bureau of Land Management and a band of the Te-Moak Tribe of Western Shoshone Indians pressed a Nevada federal court Thursday to reject Carlin Resources LLC’s contention that the agency violated its rights under a mining project green light by concluding certain areas are eligible for the National Register of Historic Places.

  • April 6, 2017

    Senate Dems Want Info About Dakota Access Oversight

    Two Senate Democrats are voicing concerns about what they see as a disturbing lack of oversight of the Dakota Access pipeline’s construction, asking to see the U.S. Army Corps of Engineers’ communications with President Donald Trump’s administration and the pipeline’s developer.

  • April 6, 2017

    Conn. Tribes Vow To Keep Sharing Slot Revenues With State

    The tribes behind the Foxwoods Resort and Mohegan Sun casinos guaranteed Connecticut leaders Thursday that they would continue to share slot machine revenues from their current casinos as well as from a proposed, joint-owned, $300 million third casino if the state legislature approves a bill for the project.

  • April 6, 2017

    Corps Presses 8th Circ. To Nix Tribe's Permit Challenge

    The U.S. Army Corps of Engineers urged the Eighth Circuit on Wednesday not to breathe life into accusations by the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation that the agency improperly allowed development near a South Dakota lake the tribe considers sacred.

  • April 6, 2017

    IRS Must Give Tribe Tax Records For Reclassified Workers

    The U.S. Tax Court ruled Wednesday that the Internal Revenue Service must hand over records to the Mescalero Apache Tribe about some of its workers, saying an employer is entitled to review taxpayer information that’s otherwise confidential if it might clear the employer of having to cough up taxes on those workers’ income.

  • April 6, 2017

    DOI Sued Over Canceled Oil, Gas Leases In Nat'l Forest

    An oil and gas lessee of portions of the Lewis and Clark National Forest sued the U.S. Department of the Interior and the state of Montana in D.C. federal court on Wednesday after the agency voided their contracts, saying the “arbitrary” cancellation contradicts the tribe’s alleged support of oil and gas development.

  • April 6, 2017

    Senators Float Bill To Renew Brownfields Program

    A bipartisan group of senators on Wednesday announced the introduction of a bill that would reauthorize through 2018 and broaden the reach of the U.S. Environmental Protection Agency’s brownfields program, which is aimed at helping states, local governments and Native American tribes clean up and repurpose contaminated property.

  • April 5, 2017

    Seneca Nation’s Halt To Revenue Sharing Raises Questions

    The Seneca Nation’s recent decision to stop making $115 million in annual revenue-sharing payments to New York state came as a shock to many observers, but also exposed tensions that underlie casino revenue battles between tribes and states throughout the U.S. Here, Law360 looks at four key questions attorneys are asking about the Senecas' decision and its potential fallout.

  • April 5, 2017

    Enviros Seek Info On Icahn's Role In Trump Climate Agenda

    Earthjustice announced Wednesday that it has asked the U.S. Environmental Protection Agency for information about what kind of an impact activist investor Carl Icahn, in his role as special adviser to President Donald Trump on regulatory reform, has had on the new administration's climate change agenda.

  • April 5, 2017

    BNP Paribas Yanking Funding From Dakota Access Pipeline

    BNP Paribas on Wednesday became the third bank to announce the sale of its share in the loan financing the controversial Dakota Access Pipeline, citing “an extended and comprehensive review of the project, including consultation with all the relevant stakeholders.”

  • April 5, 2017

    Wash. Judge Won't Sanction Nooksack Members' Attys

    A Washington federal judge on Tuesday rejected a request for sanctions against a group of tribe members and their counsel for improperly filing a False Claims Act claim against several Nooksack Tribal Council members amid a disenrollment dispute, but said he would be keeping an eye out for “any future procedural errors.”

  • April 5, 2017

    Feds Urge 9th Circ. To Toss Tribal Casino Approval Appeal

    The National Indian Gaming Commission has asked the Ninth Circuit to toss an appeal of a decision that dismissed most of the claims in a suit from opponents of a California tribe’s San Diego-area casino, saying the federal appeals court lacks jurisdiction.

  • April 5, 2017

    EPA Employee Union Blasts Trump Energy Order, Budget Plan

    A union representing U.S. Environmental Protection Agency employees said Tuesday that budget cuts and climate change policy reversals from the Trump administration are imperiling the environment and public health.

  • April 5, 2017

    Calif. Tribe, County Ink $161M Deal For Casino Expansion

    The Yocha Dehe Wintun Nation and a California county said Tuesday that they have reached a 22-year deal for the tribe to pay the county and others more than $161 million for roads, public safety and other services connected with the expansion of the tribe’s casino hotel.

  • April 4, 2017

    Tribe Seeks To Stop Work On RI Viaduct Project

    The Narragansett Indian Tribe has filed a suit against federal and state agencies in Rhode Island federal court seeking to block the further construction of a Providence bridge project, saying an agreement has been breached that required the acquisition and transfer of land to the tribe.

  • April 4, 2017

    8th Circ. Finds 1905 Law Didn't Diminish Minn. Reservation

    The Eighth Circuit on Tuesday held that Congress did not intend to diminish the Red Lake Indian Reservation in Minnesota when enacting a law in the early 20th century, as a Native American man had argued it did when fighting federal felony charges that landed him in jail.

  • April 4, 2017

    Quick Win Upheld For Successor Lender In Casino Loan Row

    A Washington state appeals court on Monday affirmed a quick win given to a successor to a lender in its suit to recover outstanding debt from a tribal business corporation that borrowed money for a casino but later defaulted, saying the successor has the right to revenue from the facility's operations.

  • April 4, 2017

    DOI Pummels 'Illegitimate' Nooksack Group For Contract Suit

    The U.S. Department of the Interior pushed Monday to nix a suit in which a group claiming it's the Nooksack Indian Tribe accuses the agency of withholding millions in tribal funding, saying that the group is an "unelected, unrecognized and illegitimate" faction and has used its effective control to engage in "abusive behavior."

Expert Analysis

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Indian Country And Climate Change After DAPL

    Matthew L.M. Fletcher

    Considering the Trump administration's support for the Dakota Access and Keystone XL pipelines, Native Americans are at the vanguard of challenging government and business acts that worsen climate change. One wonders if it is only a matter of time before Native Americans and their resources are in the administration's crosshairs, says Matthew Fletcher of Michigan State University College of Law.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • 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.