Native American

  • March 23, 2017

    Feds Duck Allegations Of Creating 'Imposter' Calif. Tribe

    A federal judge on Thursday freed the U.S. Department of the Interior, the Bureau of Indian Affairs and one of the BIA's regional directors from accusations of supporting a "mock" California tribe that is allegedly genealogically and historically inaccurate and thereby interfering with the so-called genuine tribe's self-determination.

  • March 23, 2017

    Reps. Again Float Bill To Boost Funding For Mine Cleanups

    U.S. Reps. Jody Hice, R-Ga., and Alan Lowenthal, D-Calif., again floated a bill Wednesday to form a foundation that raises private funding to help the federal government more quickly and effectively clean up mines, citing the Gold King Mine spill as an example of the need for boosted financial aid.

  • March 23, 2017

    Seneca Say $115M Slot Share With NY State Will Be The Last

    The president of the Seneca Nation on Thursday said that the federally recognized tribe will no longer make payments of about $115 million a year to the state of New York under their tribal-state gambling compact, saying that the 2002 deal clearly called for an end to the payments after 14 years.

  • March 23, 2017

    Apache Tribe Targets NIGC Letter For Rejecting Gambling Bid

    The Fort Sill Apache Tribe urged a D.C. federal judge Wednesday to let it add claims to a suit over the National Indian Gaming Commission’s rejection of the tribe's gambling bid, saying a recent court ruling backed the tribe’s contention that the NIGC issued a new decision in January the tribe can challenge in court.

  • March 23, 2017

    Navajo Again Sues DOI Over $17M Judicial Branch Funding

    The Navajo Nation has accused the U.S. Department of the Interior in D.C. federal court of improperly rejecting most of a roughly $17 million funding request for its judicial branch, the latest installment in a back-and-forth about how much money the tribe is entitled to for the branch’s operation.

  • March 22, 2017

    Ex-Leaders Look To Toss Tribe's 9th Circ. Asset Freeze Row

    Four former Paskenta Band of Nomlaki Indians officials whom the tribe has accused of leading a multimillion-dollar embezzlement scheme asked the Ninth Circuit on Tuesday to dismiss the tribe's challenge to a lower court's refusal to freeze their assets.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Wash. Tribe Freed From Ex-Health Exec's FCA Allegations

    A federal judge Tuesday tossed False Claims Act allegations that a former health executive asserted against the Sauk-Suiattle Indian Tribe of Washington, but let his claims against a health clinic and three individuals carry on.

  • March 22, 2017

    Justices Told Law Nixing Tribal Casino Suit Is Constitutional

    The U.S. Department of the Interior has urged the U.S. Supreme Court to reject a petition by a Michigan man seeking to revive his challenge to a tribal casino project near his land, saying a federal law enacted to block suits opposing the project isn’t unconstitutional.

  • March 22, 2017

    Senate Dems Slam Trump's Skinny DOI Budget

    Senate Democrats on Tuesday slammed President Donald Trump’s proposal to slash the Department of Interior’s budget by $1.5 billion, saying planned cuts to programs that address climate change contradict the president's commitments to infrastructure spending made on the campaign trail.

  • March 22, 2017

    Calif. County Says DOI Took Liberties With Casino Land Ruling

    A California county urged the D.C. Circuit on Wednesday to overturn a lower court ruling backing the U.S. Department of the Interior's decision to take land into trust for the Mechoopda Indian Tribe’s proposed casino, saying the department ignored evidence that didn’t jibe with its intention to approve the project.

  • March 21, 2017

    Gorsuch Rebukes Trump, Defends Record To Senate Panel

    U.S. Supreme Court nominee Judge Neil Gorsuch pushed back Tuesday at attacks on his record and rebuked President Donald Trump’s comments on the judiciary as he sought to persuade a Senate panel to advance his nomination to the nation's highest court.

  • March 21, 2017

    Virginia Sens.’ Tribal Recognition Bill Has Familiar Look

    The state of Virginia’s two U.S. senators, Mark R. Warner and Tim Kaine, reintroduced a bill Tuesday to grant federal recognition to six Native American tribes that have been recognized by the state, hoping to succeed where several previous incarnations of the bill have failed.

  • March 21, 2017

    Dakota Access Says Pipeline Hit With 'Coordinated Attacks'

    Dakota Access LLC filed a heavily redacted report with a D.C. federal court Monday about the progress of its nearly completed pipeline on federal land in North Dakota, saying most of the document had to be filed under seal because of “recent coordinated physical attacks along the pipeline" threatening “life, physical safety, and the environment."

  • March 21, 2017

    Texas Moves To Join Suit Challenging BLM Flaring Rule

    The state of Texas asked for permission Tuesday to join a Wyoming federal court case in which three western states and two industry groups are challenging a new Bureau of Land Management rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • March 21, 2017

    Calif. Tribe’s Broken Casino Promise Cost $21M, Co. Says

    The Picayune Rancheria of the Chukchansi Indians cost a casino management company $21 million in lost revenue by not following through with an agreement to let it run the tribe’s casino, the Blackwood Holdings-backed company has alleged in California federal court.

  • March 21, 2017

    Tribe Member’s Cobell Underpayment Claim Moves Forward

    The U.S. Court of Federal Claims said Monday it will allow a member of the Sioux Indian Tribe of South Dakota to proceed with his claim that he didn’t receive his full share of the landmark $3.4 billion Cobell settlement over the alleged federal mismanagement of Native American trust funds.

  • March 21, 2017

    Ariz. Highway Approval Done The Right Way, 9th Circ. Told

    The Federal Highway Administration and the Arizona Department of Transportation have each urged the Ninth Circuit to affirm a lower court’s ruling that they didn't cut any corners on environmental reviews when they greenlighted a Phoenix-area highway project.

  • March 21, 2017

    Wash. Tribe Wins Temporary Block On Others' Halibut Fishing

    A Washington federal judge on Monday granted an emergency request by the Quileute Tribe to temporarily block the first day of unrestricted halibut fishing by tribes in the region because of bad weather on the coast that would give inland tribes an unfair advantage, despite pushback from three tribes who said weather forecasts don’t normally demand a delay across the board.

  • March 21, 2017

    EPA's Pruitt Targeted In Okla. Ethics Complaint Over Emails

    Environmentalists and a law professor on Tuesday filed an ethics complaint with the Oklahoma Bar Association against U.S. Environmental Protection Agency Administrator Scott Pruitt, alleging he misled Congress about his use of a personal email address to conduct business during his tenure as Oklahoma's attorney general.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Bishop Criteria: The Future Of Indian Water Settlements

    Ryan A. Smith

    After decades of negotiation, the Blackfeet Tribe of Montana has successfully moved its water settlement through the House of Representatives, thanks in part to the new "Bishop Criteria" for Indian water settlement legislation. Although the new process is difficult and exacting, it nonetheless provides a path where none existed before, says Ryan Smith of Brownstein Hyatt Farber Schreck LLP.

  • The Path Forward For Industrial Hemp In Indian Country

    Michael D. Reif

    Historically, the legality of growing industrial hemp has been complicated by the commodity's classification as a Schedule 1 drug. As the movement for national legalization marches on, tribes interested in growing hemp should take steps to ensure that they do not lose ground relative to non-Indian farmers, says Michael Reif of Robins Kaplan LLP.

  • 2016 Environmental Case Law Highlights: Part 3

    Anthony B. Cavender

    The final article in this series reviews some of the most significant environmental cases of 2016 decided in the Tenth and Eleventh Circuits, as well as several state supreme courts. Anyone who reads these cases will be impressed by the painstaking approach these courts apply to some of the most vexing and complicated cases on their dockets, says Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP.

  • 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.