Native American

  • April 23, 2018

    Activists Can Make Case For Pipeline Shutoff, Panel Says

    Four climate change activists charged with tampering with an Enbridge Inc. tar sands pipeline can present evidence at their trial that their actions were necessary to prevent environmental harm caused by fossil fuel use, a Minnesota appeals court said Monday in upholding a lower court ruling.

  • April 23, 2018

    EPA Says Forest Biomass Energy Is 'Carbon Neutral'

    The U.S. Environmental Protection Agency on Monday said it will treat as "carbon neutral" the burning of wood and wood byproducts at power plants and other facilities, a policy declaration that pleased the forestry industry and dismayed environmental groups.

  • April 23, 2018

    Okla. Tribe Says Casino Row Must Be Heard In Its Court

    The Muscogee (Creek) Nation’s attorney general urged an Oklahoma federal court Friday to nix a lawsuit seeking to stop him from suing a woman in tribal court over a gambling casino dispute.

  • April 23, 2018

    Tribal Recognition Spotlight: 2 Groups Make Their Case

    The U.S. Department of the Interior's 2015 revisions to its regulations covering how tribes seek federal recognition offered the promise of a speedier and more open process, but they still pose hefty challenges to petitioners. Here, the leaders of two unrecognized tribes that are currently fighting for DOI recognition give Law360 an insider's take on what it's like to navigate the process for seeking tribal acknowledgement.

  • April 23, 2018

    Energy Co. Tells 9th Circ. To Reject Mine Ruling Challenge

    An energy company urged the Ninth Circuit on Friday not to rethink a panel ruling backing a lower court decision that rejected a challenge to a uranium mining project near the Grand Canyon, saying the appeal from a coalition of environmental groups doesn't present any especially important questions.

  • April 20, 2018

    Oregon Tribe Sues Pharma Cos. Over Opioid Epidemic

    The Confederated Tribes of the Umatilla Indian Reservation on Thursday became the latest tribe to file a lawsuit against a host of drug distributors and pharmaceutical companies over the opioid crisis, accusing them of purposefully creating the epidemic’s conditions and accelerating them.

  • April 20, 2018

    Wyo. City, County Urge Justices To Snub Tribes' Land Suits

    A Wyoming county and city urged the U.S. Supreme Court on Friday to reject bids by two Native American tribes to overturn a Tenth Circuit decision that shrank their shared Wyoming reservation, saying the ruling didn't create a circuit split and that the language of a 1905 law at issue in the case is like that in other laws that diminished the size of reservations.

  • April 20, 2018

    Mining Co. Asks DC Circ. To Revisit EPA Superfund Ruling

    Sunnyside Gold Corp. urged the D.C. Circuit on Thursday to rethink a panel decision backing the U.S. Environmental Protection Agency’s addition of the entire Bonita Peak Mining District in Colorado to the federal Superfund list, saying the opinion conflicts with the court’s precedent and is “inviting agency abuse and overreach in listing decisions.”

  • April 20, 2018

    Tribe Opposes Railroad's Appeal Bid In Right-Of-Way Suit

    The Swinomish Indian Tribal Community urged a Washington federal judge Thursday not to permit an appeal of his rulings in favor of the tribe in its suit alleging BNSF Railway Co. shipped crude oil across reservation land in violation of an agreement, saying the railroad is merely trying to prolong the case.

  • April 20, 2018

    Senate Dems Press For Info On Koch Ties To Trump Policies

    Senate Democrats have demanded information from President Donald Trump and several federal agencies including the EPA and the U.S. Department of Labor concerning the alleged “sweeping infiltration” of the current administration by the Koch brothers and their affiliates, Sen. Sheldon Whitehouse, D-R.I., announced Friday.

  • April 20, 2018

    3 Years Later: Is Tribal Recognition Still 'Broken'?

    Nearly three years have passed since the U.S. Department of the Interior revised its regulations for tribes seeking federal acknowledgment in order to fix a process the DOI's own officials called "broken," and although those revisions have made the agency more transparent and responsive, many tribes with strong claims to recognition may still be left out in the cold, experts say.  

  • April 19, 2018

    Justices May Add Muscle To Wash. Tribes' Treaty Rights

    The U.S. Supreme Court seemed to be leaning toward requiring the state of Washington to protect several tribes’ treaty fishing rights during oral arguments Wednesday, and experts say the question of whether the court limits its decision to culverts blocking the tribes’ salmon or makes a broad rule for projects with environmental impacts on tribal rights could have major implications for Indian Country.

  • April 19, 2018

    Apple Settles Patent Fight With Co. Linked To ND Tribe

    Apple and a company that has ties to a North Dakota-based Native American tribe and holds an electrical circuitry patent have reached an undisclosed deal to settle a dispute Apple brought to challenge the patent’s validity, according to a document filed on Wednesday at the Patent Trial and Appeal Board.

  • April 19, 2018

    FCC To Tackle More Spectrum-Sharing Options In May

    At its upcoming May meeting, the Federal Communications Commission is slated to tackle a notice of proposed rulemaking that contemplates freeing up additional underused spectrum for rural and tribal broadband access as well as 5G mobile usage, according to an agenda released Thursday.

  • April 19, 2018

    Feds Fight For Cap On Paralyzed Native Alaskan's Award

    The federal government refused to concede the $3.25 million in noneconomic damages awarded to the family of a woman incapacitated by a stroke after she was treated at a federally run clinic for native Alaskans, urging the Ninth Circuit on Wednesday to apply the state’s $400,000 limit on such awards.

  • April 19, 2018

    Allergan, Tribe Fight PTAB's Immunity Denial At Fed. Circ.

    The Patent Trial and Appeal Board went against decades of U.S. Supreme Court precedent when it found that the St. Regis Mohawk Tribe isn’t immune to inter partes reviews, the tribe and Allergan Inc. told the Federal Circuit on Wednesday in a closely watched case over dry eye medication patents.

  • April 19, 2018

    BLM Takes Steps To Open Arctic Refuge For Oil, Gas Drilling

    The Bureau of Land Management began the administrative process Thursday to open up the Arctic National Wildlife Refuge for oil and gas drilling, angering environmental groups that have long battled to keep the wild landscape development-free.

  • April 19, 2018

    Navajo Blast DOI Revamp Over Lack Of Consultation

    The Navajo Nation Council slammed the U.S. Department of the Interior’s reorganization efforts Wednesday, saying the agency did not consult the tribe as required and needlessly reassigned the Bureau of Indian Affairs’ Navajo regional director.

  • April 19, 2018

    ENGlobal, NASCO Denied Quick Wins In Plant Contract Row

    A Texas federal judge on Thursday refused to toss Native American Services Corp. counterclaims lobbed at ENGlobal U.S. Inc. in a dispute over a biomass power plant project contract, finding there was conflicting evidence relevant to deciding if either party breached the deal.

  • April 18, 2018

    Tribes' Bid For More Consultation In DAPL Review Denied

    A D.C. federal judge has denied two tribes' request to be consulted more on an oil spill response plan for the controversial Dakota Access pipeline, saying the issue was mooted by the plan's submission.

Expert Analysis

  • Organizing Indian Affairs For The Next 100 Years

    Larry Roberts

    U.S. Secretary of the Interior Ryan Zinke has announced his military-inspired reorganization plan for the department's regions by watersheds and ecosystems. Tribes now have an opportunity to participate in nation-to-nation consultations and ensure this reorganization best serves the next seven generations of Indian Country, says Larry Roberts of Kilpatrick Townsend & Stockton.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    CFPB’s Payday Loan Protections Protect Big Business Too

    Daniel Karon

    Mick Mulvaney, acting U.S. Consumer Financial Protection Bureau director, recently put the brakes on rules the bureau had developed to regulate payday lenders' abuses. But a weakened CFPB isn’t just bad for payday loan borrowers — it's bad for reputable companies who benefit and thrive from enforcement that reins in cheaters, says Daniel Karon of Karon LLC.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Will CFPB Adopt A More Nuanced Approach To Remedies?

    Ori Lev

    The Consumer Financial Protection Bureau's recent loss in CFPB v. CashCall suggests that parties willing to litigate against the agency may achieve success even if they lose on the merits, as courts appear reluctant to award the robust remedies the CFPB typically demands, says Ori Lev of Mayer Brown LLP.