Native American

  • January 19, 2017

    Tribal Group Asks 9th Circ. To Undo Gov't Highway Win

    The Gila River Indian Community on Wednesday filed an opening brief with the Ninth Circuit asking the appeals court to overturn a ruling that federal and state agencies took no shortcuts on environmental reviews when approving a Phoenix-area highway project, alleging the agencies violated the National Environmental Policy Act.

  • January 18, 2017

    Feds Look To Nix Senecas' Health Care Funding Suit

    The U.S. Department of Health and Human Services urged a D.C. federal judge Tuesday to toss a suit by the Seneca Nation of Indians seeking $4.7 million in federal funding for tribe-administered health programs, saying the tribe’s claims can’t be considered until a related case is resolved.

  • January 18, 2017

    Navajo Nation Wants To Get Land Use Suit Out Of State Court

    The Navajo Nation pressed a New Mexico federal court on Wednesday to rule that a state court lacks jurisdiction over a dispute accusing a tribe member of interfering with the use of an irrigation ditch on his property.

  • January 18, 2017

    EPA Reaches $600M Mine Fix Deal With Freeport-McMoran

    Two subsidiaries of mining company Freeport-McMoRan Inc. agreed Tuesday in Arizona federal court to pay roughly half the cost of a $600 million settlement with the U.S. Environmental Protection Agency over the cleanup of 94 abandoned uranium mines on Navajo Nation land in the Southwest.

  • January 18, 2017

    Army Gets OK For Enviro Review Of Dakota Access Pipeline

    The U.S. Army said Wednesday it will prepare a new environmental impact statement to consider Dakota Access LLC’s bid to complete construction of its pipeline under Lake Oahe in North Dakota, as a D.C. federal judge rejected the company’s bid to block the publication of the Army’s plans in the Federal Register.

  • January 18, 2017

    Justices Skeptical That Offensive TM Ban Is Constitutional

    The U.S. Supreme Court heard arguments Wednesday in the high-profile battle over the federal government’s ban on offensive trademark registrations, at times sounding highly skeptical that the rule passes muster under the First Amendment.

  • January 18, 2017

    Tribe Says NIGC Flouted Court Order In Gaming Eligibility Row

    The Fort Sill Apache Tribe on Tuesday moved to force the National Indian Gaming Commission to comply with a D.C. federal court's order requiring it to reconsider denying the tribe's bid to conduct gambling, and said the commission needs to explain why it should not be held in contempt for disobeying.

  • January 17, 2017

    Enviros Urge Justices To Pass On Polar Bear Habitat Appeal

    The Center for Biological Diversity is urging the U.S. Supreme Court not to upend a Ninth Circuit decision backing the U.S. Fish and Wildlife Service's critical habitat designation for the polar bear, saying the state of Alaska and other challengers have made too big of a deal out of the size of the habitat designation.

  • January 17, 2017

    Offensive TMs At High Court: Everything You Need To Know

    The highest-profile trademark case in years will be argued before the U.S. Supreme Court on Wednesday, pitting a rock band and a billion-dollar football team against the federal government — and the First Amendment against laws limiting offensive speech. To get you up to speed, here's everything you need to know.

  • January 17, 2017

    Trump's Interior Pick Says Climate Change 'Undisputable'

    Rep. Ryan Zinke, R-Mont., Donald Trump's nominee for interior secretary, parted ways with earlier comments by the president-elect by saying during Senate confirmation hearings on Tuesday that he doesn’t believe climate change is a hoax, but suggested that there is still a place for fossil fuel drilling on federal lands.

  • January 17, 2017

    Fed. Gov’t Must Pay $250K In Row Over Woman's ER Death

    The federal government must pay more than $250,000 in damages in a wrongful death suit brought by the family of a 34-year-old woman who died in the Fort Belknap Indian Health Service emergency room after an asthma attack, a Montana federal judge ruled Friday.

  • January 17, 2017

    Tribe Gets Partial Win In BNSF Oil Haul Spat

    A Washington federal judge concluded Friday that BNSF Railway Co. breached a right-of-way easement agreement with the Swinomish Indian Tribal Community by increasing crude oil shipments across reservation land, but that the tribe must ask a different forum to limit the railroad company’s activity.

  • January 17, 2017

    Dakota Access Urges Judge To Halt New Enviro Review

    Developers of the controversial Dakota Access pipeline on Monday urged a D.C. federal judge to block a more stringent federal environmental review until he rules on its claim that it has already received the necessary permission to complete construction under Lake Oahe in North Dakota.

  • January 17, 2017

    9th Circ. Won't Halt Ariz. Highway Project Near Tribal Land

    The Ninth Circuit has rejected a bid from the Gila River Indian Community to halt work on a Phoenix-area highway project as it appeals a district court ruling that federal and state agencies took no shortcuts on environmental reviews when giving the project the go-ahead, while also consolidating the appeal with a similar one.

  • January 17, 2017

    EPA Says It Can't Pay For Gold King Mine Spill Claims

    The U.S. Environmental Protection Agency on Friday said that it can't pay for any tort claims against it for its role in triggering the 2015 Gold King Mine disaster, despite the agency’s long-standing assertion that it would take full responsibility for handling the spill.

  • January 17, 2017

    BLM Venting Rules Take Effect As Court Case Continues

    Three Western states and industry groups lost a bid Monday to block a Bureau of Land Management rule aimed at limiting methane releases from drilling operations on federal and Native American lands from taking effect Tuesday while a Wyoming federal judge hears the merits of the case.

  • January 13, 2017

    CashCall, Western Sky Reach $1.25M Deal With Fla. AG

    Lenders CashCall Inc. and Western Sky Financial LLC have agreed to a settle yet another state action over charging allegedly illegal interest rates, this time paying a total of $1.25 million to the state of Florida with around $11 million for borrowers, Attorney General Pam Bondi announced Friday.

  • January 13, 2017

    Mich. Gov. Urges Dismissal Of Tribe's Casino Land Suit

    Michigan Gov. Rick Snyder asked a federal court Friday to throw out the Bay Mills Indian Community’s suit seeking to establish that it can operate a casino off its reservation, saying a 1997 federal law didn’t automatically allow the tribe to conduct gambling on a parcel of land it bought.

  • January 13, 2017

    Utah Town Urges High Court To Hear Tribal Boundary Dispute

    A Utah city has urged the U.S. Supreme Court to hear its petition challenging a decision in a Native American tribe’s lawsuit over its reservation boundaries, saying a Tenth Circuit ruling directly contradicted high court precedent by keeping the city in the litigation and wrongly reassigned a district court judge in a bid to speed up the protracted case.

  • January 13, 2017

    Tribe Says Leaders' Indictment Boosts Suit Against Bank

    The Paskenta Band of Nomlaki Indians told a California federal judge Thursday that the recent indictment of three former tribal officials on embezzlement charges bolsters its case against a bank that allegedly knew the ex-leaders were exploiting their positions to steal from the tribe.

Expert Analysis

  • When Your Client Is The President: Part 8

    Robert Bauer

    It is natural in an environment like the White House, particularly for lawyers who have an active interest in public life, to wish to be in every conversation, on any topic, of general interest or major importance. It is a trap, says Perkins Coie LLP partner Robert Bauer, who served as White House counsel for President Barack Obama.

  • When Your Client Is The President: Part 7

    Gregory B. Craig

    The day after Barack Obama was elected our 44th president, President Bush gathered the White House staff and made clear that the work of his administration during its final two months would be defined by whatever was necessary to help President-elect Obama and his team succeed. It was perhaps the most critical event of the transition, say Gregory Craig, who was White House counsel for President Obama, and Michael Scudder, who was g... (continued)

  • When Your Client Is The President: Part 6

    Alberto R. Gonzales

    On the evening of Sept. 11, 2001, I stood on the Oval Office porch and watched as Marine One landed on the South Lawn, bringing President Bush home. The president decided immediately that the attacks that morning placed America on a war footing against a nonstate actor. This generated a number of unique and complex legal issues for me, says Alberto Gonzales, who served as White House counsel for President George W. Bush.

  • When Your Client Is The President: Part 5

    C. Boyden Gray

    Every day, it seemed that virtually the entire day was spent trying to shape the news. Balancing the media day-to-day with the need for strategic planning requires staff to stay in their positions rather than congregate around the ball. Yet the impulse to run to the action is as tempting in the White House as on the soccer field, says C. Boyden Gray, who served as White House counsel for President George H.W. Bush.

  • When Your Client Is The President: Part 4

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • When Your Client Is The President: Part 3

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • 2016 Native American Tax Litigation Roundup

    Catherine F. Munson

    This year, there has been considerable litigation related to Indian tribes' ability to impose tax on business activities on reservations free from state and local taxation. Catherine Munson and Claire Newman of Kilpatrick Townsend & Stockton LLP discuss several major court of appeals cases, and the important issues that they raise.

  • When Your Client Is The President: Part 2

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.