Native American

  • February 7, 2017

    Corps Poised To Grant Final OK To Dakota Access Pipeline

    The U.S. Army Corps of Engineers will grant Dakota Access LLC the final approval needed for its controversial $3.8 billion, 1,172-mile crude oil pipeline and ax a planned environmental review, moves that come as a blow for the tribes and green groups who have been fighting the pipeline for months.

  • February 7, 2017

    Contractor Says Challenge To Tribal Court Row Isn't Moot

    A contractor pressed a federal court Monday not to toss his lawsuit seeking to halt the Blue Lake Rancheria’s tribal court dispute accusing him of fraudulently inducing the tribe’s casino into a gambling software development deal on the grounds that the judge who presided over it has a relationship with the tribe.

  • February 7, 2017

    Calif. Tribe To Appeal Ruling That Kept Bingo Site Shuttered

    The Iipay Nation of Santa Ysabel on Monday said it would appeal to the Ninth Circuit a win that California and the U.S. government received from a federal judge when he found the tribe's bingo website flouted federal law because patrons had initiated bets from outside tribal lands but within the state, where gambling is illegal.

  • February 7, 2017

    Ariz. Tribe Urges Judge To Preserve Water Rights Suit

    The Havasupai Tribe urged an Arizona federal judge Monday not to toss its suit accusing Arizona groundwater well owners of illegally depleting an aquifer that provides water to the tribe, saying it has adequately stated a federal common law claim alleging unlawful interference with its water rights.

  • February 7, 2017

    Judge Won't Limit Police Force In Dakota Pipeline Protests

    A federal judge on Tuesday shot down a bid by Dakota Access pipeline protesters to block police from using excessive force when responding to civil protests, saying protesters aren’t always protected by the Constitution and can easily remove themselves from demonstrations.

  • February 6, 2017

    Dakota Access May Get Pipeline OK Soon, Tribe's Atty Says

    The federal government may be close to giving the go-ahead to the Dakota Access pipeline at a disputed North Dakota site after the Standing Rock Sioux Tribe, the U.S. Army Corps of Engineers and the pipeline developer updated a D.C. federal judge on the tribe’s suit over the project Monday.

  • February 6, 2017

    Couple Sues For Distress From Nooksack Disenrollment Row

    A couple has filed a lawsuit in Washington state court seeking damages for the emotional distress they claim to have suffered stemming from the Nooksack Tribe's efforts over the past year to disenroll one of them.

  • February 6, 2017

    Reps. Clash Over Impact Of ACA Repeal On Indian Care

    The leading Republican and Democrat on the House Committee on Natural Resources traded barbs over what impact repealing the Affordable Care Act would have on a related Native American health care law, with Rep. Raul Grijalva, D-Ariz., calling Monday for Republicans to put forward their replacement for Obamacare. 

  • February 6, 2017

    100s Of Ex-EPA Employees Raise Doubts About Pruitt's Nom

    Nearly 450 former U.S. Environmental Protection Agency employees questioned whether Oklahoma Attorney General Scott Pruitt, nominated by President Donald Trump to lead the agency, is qualified for the role, in a letter that was sent to the U.S. Senate on Monday, according to the Environmental Integrity Project.

  • February 6, 2017

    9th Circ. Asked To Reconsider Tribal Enrollment Dispute

    The descendants of a member of the Santa Ynez Band of Chumash Mission Indians have asked the Ninth Circuit to rethink upholding a ruling in favor of the U.S. Department of the Interior in a dispute over the denial of their applications for enrollment in the tribe and for increases in their recorded blood degree.

  • February 3, 2017

    Calif. Gov., Tribes Swap Shots Over Gambling Pact End Dates

    Two California tribes and the state each pushed a federal judge Thursday for a quick win in the tribes' suit seeking to eliminate a provision establishing an expiration date in their gambling deals with the state, with the sides disagreeing over whether such a provision is permitted under federal law.

  • February 3, 2017

    Dakota Access Can't Shake Delay Claims Over Cultural Site

    The North Dakota Public Service Commission has rejected Dakota Access LLC’s bid to toss accusations that it flouted requirements by failing to immediately notify the commission about the discovery of a cultural site during work on its controversial pipeline, setting the stage for a hearing on whether the company’s failure was willful.

  • February 3, 2017

    Calif. Judge Will Keep Eye On Tribal Disenrollment Spat

    A California federal judge said Thursday that he would delay ruling on a bid by the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria to dismiss litigation by members of the tribe over their alleged disenrollment, despite tribal officials' contention that it isn’t trying to oust the members.

  • February 3, 2017

    Enerplus Can't Get $2.96M In Overpayments Yet, Court Told

    A Three Affiliated Tribes member and his attorney urged a North Dakota federal court on Thursday to reject as premature Enerplus Resources Corp.’s bid for a quick win in its lawsuit seeking to recover $2.96 million in mistaken overpayments made to them under a deal concerning oil and gas royalty interests.

  • February 3, 2017

    Montana Gov. OKs Yellowstone Bison Slaughter

    Montana Gov. Steve Bullock removed a roadblock he erected against the slaughter of bison from Yellowstone National Park, saying in a Thursday letter to park officials that he was content with their promise to keep 25 bison safe for eventual relocation to a Native American reservation.

  • February 3, 2017

    House Clears Bill Nixing Methane Flaring Rule

    The U.S. House of Representatives passed a bill aimed at repealing the Department of the Interior’s so-called waste prevention rule Friday, as part of a larger effort to curb former President Barack Obama’s later rules.

  • February 2, 2017

    Casino Developer Says Mont. Tribe Can't Escape Settlement

    A Montana federal judge said Wednesday that he would consider a casino developer’s bid for a restraining order against Chippewa Cree Tribe gaming commissioners at a hearing next week, a day after the company filed suit alleging the officials are trying to thwart payments the tribe owes the firm under a settlement agreement.

  • February 2, 2017

    Dakota Access Says Suit Docs Could Aid Terrorist Attack

    The Energy Transfer Partners unit behind the Dakota Access pipeline urged a D.C. federal judge Wednesday to block the release of documents in the Standing Rock Sioux Tribe’s suit over the project, saying the material could be used by terrorists to attack the pipeline and that the controversy around the project heightens the risk the information will be exploited.

  • February 2, 2017

    Former U.S. Ambassador Rejoins Kilpatrick Townsend In D.C.

    Kilpatrick Townsend & Stockton announced on Thursday that the former U.S. Ambassador to the United Nations Human Rights Council has rejoined the firm as a partner on its Native American affairs team after stepping down from his role and will work from its Washington, D.C., office.

  • February 2, 2017

    Trailer Co. Fights Contempt Bid In Racer Lending Scheme Row

    A company whose assets are connected to a $1.3 billion judgment against professional race car driver and alleged payday loan mogul Scott Tucker and his companies defended itself in Nevada federal court Wednesday against a bid to hold it in contempt for trying to sell a disputed vehicle trailer.

Expert Analysis

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 2016 Environmental Case Law Highlights: Part 2

    Anthony B. Cavender

    In part 2 of this three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP highlights decisions from the Fifth, Sixth, Seventh, Eighth and Ninth Circuits. In particular, these cases reflect issues common to the energy-producing states as well as additional Endangered Species Act decisions.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 2016 Environmental Case Law Highlights: Part 1

    Anthony B. Cavender

    In part 1 of his three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP analyzes decisions from the U.S. Supreme Court and the D.C., First, Second, Third and Fourth Circuits, noting, among other observations, the unusual number of Endangered Species Act cases decided by the D.C. Circuit.

  • Top 12 Mississippi Gaming Stories Of 2016

    Tommy Shepherd

    Tommy Shepherd of Jones Walker LLP discusses recent developments in the Mississippi gaming industry, which will celebrate its 25th anniversary in 2017.

  • The Future Of Legal Marijuana: Post-Election Outlook

    Richard L. Spees

    Following the 2016 election, marijuana legalization is spreading across states and becoming less important at the federal level. While marijuana is not yet treated like tobacco and alcohol, the federal policy environment seems unlikely to impose significant restrictions on access in the near future, say Richard Spees and Joshua Mandell of Akerman LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • 2 'True Lender' Cases With Impact On Marketplace Platforms

    Henry G. Morriello

    A California federal court recently rendered decisions in CashCall and Navient Solutions with “true lender” implications of potential significance to the marketplace lending industry, but with markedly contrasting results, say attorneys with Kaye Scholer LLP.

  • Indian Country: More Of The Same Or Something New?

    David Coventry Smith

    Now that the Standing Rock protests have brought Indian interests into the national spotlight, the incoming administration has the opportunity to implement beneficial policies regarding the federal trust responsibility owed to Indians and tribes, if we can acknowledge lessons learned from the past, says David Smith of Kilpatrick Townsend & Stockton LLP.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.