Native American

  • June 7, 2017

    Dakota Access Saga Highlights Value Of Tribal Consultations

    A headline-grabbing protest campaign led by Native Americans failed to stop the controversial Dakota Access pipeline from being built and put into service, but experts say the battle over the pipeline shows that energy infrastructure developers would be wise to reach out and try to iron out any potential disputes with tribes before their opposition turns into a cause célèbre.

  • June 7, 2017

    NM Judge, DA Say Tribe Can't Redo State Court Ruling

    A New Mexico district attorney and a state judge on Tuesday asked a federal court to reject the Navajo Nation’s bid to revive a Navajo member’s property dispute after the court ruled the suit relitigates issues already decided by the state judge, saying there are no exceptions to the prohibition on relitigating such issues.

  • June 7, 2017

    Enviro Groups Want In On Nat'l Forest Canceled Leases Suit

    Environmental and tribal groups on Tuesday told a Washington, D.C., federal court that they want to join a suit brought by an oil and gas lessee challenging a move by the U.S. Department of the Interior to void leases on portions of a Montana national forest, saying they are better positioned to defend against efforts to invalidate the DOI's lease-cancellation decision than the government.

  • June 7, 2017

    Sessions Stops 3rd-Party Donation Settlements

    Attorney General Jeff Sessions on Wednesday issued a memo prohibiting U.S. attorneys' offices from requiring defendants to make donations to unrelated third parties as a condition of settlements in federal cases.

  • June 7, 2017

    Judge Tosses Suit Over Revoked Wis. Waste-To-Energy Permit

    A Wisconsin federal judge on Tuesday dismissed a suit filed by a subsidiary of the Oneida Tribe of Indians of Wisconsin that accused the city of Green Bay of violating its due process rights by revoking a waste-to-energy plant permit, deciding that the tribe had proper access to the courts.

  • June 6, 2017

    Nooksack Members Fight Tribal Judge’s Latest Immunity Bid

    A group of Nooksack Indian Tribe members told a Washington federal court Tuesday that the tribe’s chief judge is making a “premature” bid to escape their claims that he and other tribal officials conspired to strip the members of their enrollment in the tribe.

  • June 6, 2017

    Navajo Panel Backs Legislation For New Coal Plant Lease

    A Navajo Nation Council committee voted in favor of legislation Monday that would permit the coal-fired Navajo Generating Station on the tribe’s reservation in Arizona to remain open until the end of 2019, despite council members' concerns about the tribe’s lack of involvement in regulation of the site after the project is decommissioned.

  • June 6, 2017

    Casino Management Co. Says Tribe Must Face $21M Suit

    A casino management company asked a California federal judge on Tuesday not to toss its suit alleging it lost $21 million when the Picayune Rancheria of the Chukchansi Indians didn’t follow through on a management contract for the tribe’s casino, arguing that the tribe waived sovereign immunity.

  • June 6, 2017

    9th Circ. Panel Lifts Stay In Tribal Embezzlement Row

    A Ninth Circuit panel on Monday granted a bid from the Paskenta Band of Nomlaki Indians to lift a stay in its suit accusing four former tribal officials of a wide-reaching, multimillion-dollar embezzlement scheme.

  • June 6, 2017

    CashCall Wants Payday Loan Suit Paused For 9th Circ. Ruling

    CashCall Inc. has urged a California federal judge to freeze a ruling, which said that the company violated federal law when it offered high-interest loans through a firm based on tribal lands in states where such loans were barred, as it awaits a relevant Ninth Circuit ruling. 

  • June 5, 2017

    States Ask 10th Circ. To Pause Fracking Rule Litigation

    Colorado, Utah and Wyoming jointly told the Tenth Circuit on Monday that the Bureau of Land Management did not have authority to issue its rule imposing restrictions on fracking practices on federal and tribal lands, adding that the case should be held while the rules are rewritten.

  • June 5, 2017

    Racetrack Asks Fla. Justices To Rethink Slot Machine Denial

    The owner of a Native American-operated racetrack in northern Florida urged the state’s high court on Friday to reconsider its denial of a slot machine permit, saying there are “apparent errors” with the determination that counties across the Sunshine State don’t have authority to approve such gambling expansion through local referendums.

  • June 5, 2017

    Tribal Orgs Vow To Continue Supporting Paris Accord

    The National Congress of American Indians and the Native American Rights Fund on Friday said that they remain committed to representing and advancing Native peoples’ interests in implementing the Paris climate change agreement, despite President Donald Trump’s “disappointing” decision to withdraw the U.S. from it.

  • June 5, 2017

    SD Tribe's $200M Water Rights Suit Against Feds Tossed

    The U.S. Court of Federal Claims has tossed a $200 million suit by the Crow Creek Sioux Tribe alleging the federal government mismanaged the tribe's water rights, saying that the tribe hadn’t specified any injury it suffered from the government’s use of the waters of the Missouri River.

  • June 5, 2017

    FCC’s Pai Plugs Rural Broadband In Travels West

    Federal Communications Commission Chairman Ajit Pai is visiting Wisconsin, Minnesota, Iowa, South Dakota and Wyoming this week as part of a swing through the northern Midwest and Great Plains, pushing his goal of closing the divide between digital haves and have-nots.

  • June 5, 2017

    Judge Wants More Info On Navajo Land Uranium Cleanup Suit

    An Arizona federal judge on Friday said he needs more information on the question of ownership liability before ruling on who must bankroll the environmental cleanup of more than a dozen old uranium sites on Navajo Nation land, in an order denying El Paso Natural Gas Company LLC's bid for a partial quick win and also rejecting the federal government’s sovereign immunity defense.

  • June 5, 2017

    MLB, Cleveland Indians Can’t End Logo Dispute In Ontario

    The Human Rights Tribunal of Ontario has refused to toss a Canadian human rights activist’s discrimination claims against Major League Baseball and the Cleveland Indians, finding that it has the authority to hear the dispute over the team's controversial "Chief Wahoo" logo.

  • June 2, 2017

    Probe Reveals Navajo Nation's Misuse Of Housing Funds

    The Navajo Housing Authority has built only a fraction of the homes needed to remedy the Navajo Nation’s housing crisis, despite receiving nearly $1 billion in Indian Housing Block Grants from the federal government over the last decade, according to a new report released on Thursday by Arizona Republican Sen. John McCain.

  • June 2, 2017

    The Top Native American Rulings Of 2017: Midyear Report

    From a U.S. Supreme Court decision that the Mohegan Tribe's sovereign immunity didn't shield a tribe-employed limo driver from a lawsuit over an off-reservation car crash to the Tenth Circuit's finding that the U.S. Department of the Interior lacked authority to greenlight tribal gaming procedures, there have been several rulings in 2017 that have made waves in Native American law. Here, Law360 recaps the most significant decisions from the first half of the year.

  • June 2, 2017

    Challenges Combined To Revival Of Coal-Leasing Program

    A Montana federal judge on Friday agreed to consolidate two cases challenging Interior Secretary Ryan Zinke’s decision in late March to lift the moratorium on the federal coal-leasing program imposed last year.

Expert Analysis

  • The Current State Of Renewable Energy Disputes: Part 1

    Justin Tschoepe

    As any industry grows, those within it are likely to face increased amounts of litigation. In part 1 of this four-part series, Justin Tschoepe and William Wood of Norton Rose Fulbright address the most common types of environmental and land-use challenges that are being brought against utility-scale wind and solar projects.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Tribal Self-Governance Under Trump: A Common Goal

    Venus McGhee Prince

    Today, tribes' unwavering resolve to assume control over a greater number of programs traditionally provided by the federal government may in fact reflect the zeitgeist of the Trump administration. Tribes must educate a new, not-yet-appointed cadre of federal officials on how tribal self-governance can create economic growth not only in Indian country but in the surrounding communities as well, say Venus McGhee Prince and Claire Ne... (continued)

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.