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Native American

  • 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.

  • April 18, 2018

    Seminoles Extend Guarantee On Gambling Payments To Fla.

    The Seminole Tribe of Florida reached agreement Wednesday with the state of Florida to amend a 2017 litigation settlement over their exclusive gaming compact that extends the tribe’s commitment to continue making its revenue-sharing payments to the state through May 2019, the governor announced.

Expert Analysis

  • 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.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Indian Country After 1st Year Of The Trump Administration

    Lawrence Roberts

    In year one of the Obama administration, tribes enjoyed the progress made at the first ever White House Tribal Nations Conference. The Trump administration, however, is causing tribes to feel that they must turn to the courts and Congress, say Larry Roberts and Charlie Galbraith of Kilpatrick Townsend & Stockton LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • The Uncertain Fate Of Migratory Birds

    Hilary Tompkins

    It remains to be seen if the recent reversal of the U.S. Department of the Interior's long-standing position regarding the Migratory Bird Treaty Act will withstand challenges. The launch of this decision — just before Christmas and without a solicitor — highlights some potential pitfalls, says Hilary Tompkins, a partner at Hogan Lovells and former solicitor of the DOI.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency


    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Amici Views On Big Pharma 'Renting' Sovereign Immunity

    Ben Bourke

    The Patent Trial and Appeal Board recently requested briefing from amici for the first time — in Mylan v. Saint Regis Mohawk Tribe. In general, technology and pharmaceutical companies argued that the deal assigning Allergan patents to the tribe was a sham, while other tribes and a group of law professors supported the sovereign immunity defense, says Ben Bourke of Womble Bond Dickinson LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.