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Native American

  • September 4, 2018

    EPA Can't Escape Gold King Mine Claims, Court Told

    New Mexico, Utah and the Navajo Nation have blasted the U.S. Environmental Protection Agency's efforts to shake their claims stemming from the 2015 Gold King Mine spill, accusing the agency of trying to ditch liability for the contaminated water release despite promising to take full responsibility.

  • September 4, 2018

    DOI Eyeing Long-Sought Revamp For Restoration Program

    A U.S. Department of the Interior environmental restoration program that’s intended to provide a way for polluters at Superfund sites to clean up their messes is being targeted for revisions that could make it easier to use, a move welcomed by industry attorneys who say the program has been plagued by inefficiencies.

  • September 4, 2018

    CPP Case Delays Must End, Supporters Tell DC Circ.

    Clean Power Plan supporters urged the D.C. Circuit on Tuesday to finally decide the merits of the rule, arguing that the Trump administration doesn't deserve any more time to craft a potential replacement, especially since what's been proposed by the U.S. Environmental Protection Agency is weaker than the CPP itself.

  • September 4, 2018

    Crow Member Asks Justices To Overturn Wyo. Hunting Ruling

    A Crow tribe member urged the U.S. Supreme Court on Tuesday to overturn his Wyoming state court conviction for illegal elk hunting in the Bighorn National Forest, saying that the lower court's ruling could undermine many tribes' rights under their treaties with the federal government.

  • September 4, 2018

    Tribe Can't Fault Generics Cos. For Opioid Crisis, Court Told

    A group of generic-drug makers pushed back at a Montana tribe's attempt in multidistrict litigation ongoing in Ohio federal court to hold them liable for the opioid epidemic, saying they shouldn't be lumped in with their brand-name counterparts because they operate under a different business model.

  • August 31, 2018

    Army Corps Backs DAPL Enviro Review In Row With Tribes

    The Dakota Access Pipeline will have no significant impact on the environment, the U.S. Army Corps of Engineers told a D.C. federal judge Friday, in a court-ordered review spurred by Native American tribes’ legal challenges it its decision to approve the project.

  • August 31, 2018

    Cherokee Nation Hit With Suit Over Election Requirements

    Descendants of the people once enslaved by the Cherokee Nation hit the tribe with a proposed class action in D.C. federal court, challenging a provision in its constitution requiring that candidates for the position of principal chief have so-called “blood Cherokee” status.

  • August 31, 2018

    Calif. Residents Denied Quick Win In Tribal Trust Land Row

    A federal judge refused Thursday to give a group of California residents a quick win in their suit that mounted a challenge to a federal government decision to take more than 1,400 acres of land into trust for a Native American tribe.

  • August 31, 2018

    What To Watch In Kavanaugh's Confirmation Hearing

    Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee starting Tuesday promises to be one of the most public spectacles of his career, with the D.C. Circuit jurist taking a step into the spotlight on his path toward replacing retired Justice Anthony Kennedy on the U.S. Supreme Court.

  • August 31, 2018

    Tribe Hits Feds With Suit Over Refusal Of Land Trust Bid

    The Sault Ste. Marie Tribe of Chippewa Indians has hit the federal government with a lawsuit saying the U.S. Department of the Interior shouldn’t have refused to take various pieces of Michigan land into trust for the tribe.

  • August 31, 2018

    DC Circ. Won't Pause $3.5B Mountain Valley Pipeline Work

    The D.C. Circuit on Thursday refused to pause work on the $3.5 billion Mountain Valley gas pipeline while tribal officials and environmentalists fight the Federal Energy Regulatory Commission's decision approving the project.

  • August 31, 2018

    Court Halts 1st Yellowstone Grizzly Hunts In 40 Years

    A federal judge in Montana has temporarily blocked the first grizzly bear trophy hunts around Yellowstone National Park in more than 40 years just two days before they were set to begin, setting up a showdown over whether government wildlife regulators were wrong to remove the animal's endangered species protections. 

  • August 30, 2018

    'Pre-Reveal' Slots Are Illegal, Fla. Appeals Court Affirms

    In a case carrying major implications for gambling in the state, a Florida appeals court on Thursday affirmed a lower court’s decision that so-called pre-reveal gaming machines are illegal slot machines under state law.

  • August 30, 2018

    Canada Court Nixes Approval Of Trans Mountain Pipeline

    The Federal Court of Appeal in Canada on Thursday struck down the approval of the CA$7.4 billion ($5.7 billion) Trans Mountain pipeline expansion project, saying the Canadian government didn’t properly consult with indigenous people or sufficiently consider its impact on tanker traffic.

  • August 30, 2018

    6th Circ. Revives Tribe's ERISA Row With Mich. Blue Cross

    The Sixth Circuit revived a lawsuit on Thursday that accused Blue Cross Blue Shield of Michigan of overcharging a Native American tribe’s employees for health care by failing to take advantage of federal regulations that allow tribes to pay reduced rates for hospital services.

  • August 30, 2018

    1st Circ. Backs Toss Of RI Tribe's Bridge Construction Suit

    A First Circuit panel on Thursday backed a lower court's decision to toss a lawsuit from the Narragansett Indian tribe against the federal government and the state of Rhode Island that sought to halt construction on a Providence, Rhode Island, bridge project.

  • August 30, 2018

    Oregon Tribe Looks To Sell Former Racetrack Site For $17.9M

    The Confederated Tribes of Grand Ronde's leadership seeks a buyer for a 31-acre site that was home to Oregon’s Multnomah Greyhound Park racetrack near Portland, saying the tribe will put it on the market for $17.9 million after walking away from plans to develop the site as a casino or entertainment facility.

  • August 30, 2018

    BIA Officials Can't Nix Oglala Sioux Rancher’s Cattle Suit

    A South Dakota federal judge has declined a bid from federal officials to toss claims in an Oglala Sioux Tribe member’s suit over the impoundment of his cattle, but told the man to amend his complaint.

  • August 29, 2018

    Alaska Sides With DOI In Enviros' Suit Over Land-Swap Deal

    The state of Alaska has thrown its support behind the U.S. Department of the Interior in a suit from environmental groups challenging the agency’s approval of a deal that would allow for the construction of a road in a national wildlife refuge, saying Wednesday the groups cannot oppose a road that might not be built.

  • August 29, 2018

    Industry Backs White House NEPA Review, Enviros Skeptical

    The White House received strong support from industry groups in a recent comment period on its initiative to make it easier for transportation and other projects to comply with National Environmental Policy Act standards, but green groups made clear they'll oppose any moves that prioritize expediency over thorough review and enforcement.

Expert Analysis

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Tax Decisions Bring Challenges And Opportunities To Tribes

    Rob Roy Smith

    In the wake of U.S. v. Jim in the Eleventh Circuit and South Dakota v. Wayfair in the U.S. Supreme Court, Native American tribes should takes steps to protect their rights under the general welfare exclusion and assert their sovereignty to impose new sales taxes, says Rob Roy Smith of Kilpatrick Townsend & Stockton LLP.

  • Is It Time For A Challenge To Chevron Deference?

    Joseph Diedrich

    In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.