Native American

  • May 16, 2017

    Judge Denies Bid To Add NEPA Claim In Logging Project Suit

    A California federal judge on Monday wouldn’t let the Karuk tribe and several environmental groups add a National Environmental Policy Act claim to their suit challenging a logging project in the Klamath National Forest.

  • May 16, 2017

    Tribal Cig Co. Asks 9th Circ. To Reverse Ruling In Feds' Suit

    A Native American-owned tobacco manufacturer urged the Ninth Circuit on Monday to overturn a Washington federal court's ruling requiring the company to fork over millions in payments to the federal government under the Fair and Equitable Tobacco Reform Act, saying the U.S. Constitution bars the taking of the company's property.

  • May 16, 2017

    Feds Look To Nix Tribe's Suit Over Okla. Fracking Approvals

    The federal government on Monday urged a federal court to toss the Pawnee Nation of Oklahoma’s lawsuit accusing it of approving oil and gas leases and fracking permits on the tribe’s land without properly considering the environmental impacts, which links that alleged failure to a recent record-breaking earthquake in the state.

  • May 16, 2017

    IHS Hit With Negligence Suit Over Infant Brain Injuries

    The Indian Health Service and the Chickasaw Nation Medical Center were hit with a suit on Monday from the parents of a boy who alleged that they have suffered enormous expenses because of the care required for their child as a result of his brain damage at the center.

  • May 15, 2017

    Hopi Get OK To Join, Seek Nix Of Navajo Seized Remains Row

    An Arizona federal judge on Friday allowed the Hopi Tribe to step into the Navajo Nation’s lawsuit seeking to force the federal government to return human remains and funerary objects taken from tribal land so that it can argue in favor of the dispute’s dismissal.

  • May 15, 2017

    Conn. Tribes Tout DOI Letter In Bid For $300M Casino Project

    The Mohegan and Mashantucket Pequot Tribes on Monday pointed to a U.S. Department of the Interior letter they say backs their plans to open a joint-owned casino in Connecticut, as the DOI in the letter reiterated its view that the casino wouldn’t upset the tribes’ current revenue-sharing agreements with the state.

  • May 15, 2017

    Calif. Water District Fights To Keep Stay In Tribal Case

    The Coachella Valley Water District asked a California federal court Monday to deny the Agua Caliente Band of Cahuilla Indians' motion to lift the stay in a battle over groundwater rights.

  • May 15, 2017

    Wash. Judge Nixes Suit Against DOI Over Nooksack Funding

    A Washington federal judge has tossed a suit by the purported tribal council of the Nooksack Indian tribe alleging that the U.S. Department of the Interior improperly withheld nearly $14 million in funding it owes under contracts, saying that the court had to defer to the department’s view that the council didn’t have authority to sue on the tribe’s behalf.

  • May 15, 2017

    Justices Won't Hear Oneida Trust Land Appeal

    The U.S. Supreme Court on Monday refused to take up an appeal by a group of plaintiffs challenging the U.S. Department of the Interior's 2008 decision to take thousands of acres of land into trust for the Oneida Indian Nation.

  • May 12, 2017

    Conn. Tribes' $300M Joint Casino Push: A Cheat Sheet

    The Mohegan and Mashantucket Pequot tribes are touting their proposal for a joint-owned tribal casino in Connecticut as a sure bet to boost sagging gaming revenues and create jobs, but their $300 million plan faces fierce opposition from MGM Resorts International, which is building a potentially competing casino in nearby Massachusetts. Here, Law360 brings you up to speed on what's been happening.

  • May 12, 2017

    Agency Watchdog Cuts Could Backfire, Dems Warn

    Government oversight officials worry a hiring freeze imposed in the early days of the Trump administration and subsequently proposed staff reductions are likely to exacerbate financial problems at their agencies rather than alleviate them, according to a memo released by House Democrats on Friday.

  • May 12, 2017

    Tribe Members' Suit Over Cig Sale Prosecutions Gets Nixed

    A Washington federal judge on Thursday freed three law enforcement agents from a suit with which Native American tribe members had attempted to block criminal prosecution for illegal cigarette sales on tribal land, marking the dismissal of the last remaining named defendants and so the case itself.

  • May 12, 2017

    Maine Judge Grants EPA Stay To Review Tribal Water Rules

    A Maine federal judge on Friday gave the U.S. Environmental Protection Agency a 90-day stay in the state’s suit challenging the EPA’s tightening of water quality standards for tribal waters, giving the agency the time it requested to review the policy.

  • May 12, 2017

    Oneida Casino Land Case Appealed To Supreme Court

    A New York nonprofit has asked the U.S. Supreme Court to review a Second Circuit decision that found the federal government can entrust land surrounding New York's Turning Stone Resort and Casino for the Oneida Indian Nation, saying that the circuit court’s decision would give too much power to the federal government and tribes if let stand.

  • May 12, 2017

    Tribal Leaders Immune In Payday Loan Suit, 2nd Circ. Hears

    Officials of Chippewa Cree payday lender Plain Green LLC asked the Second Circuit Friday to find a lower court erred in not recognizing their sovereign immunity as tribal officials in allowing a proposed racketeering and consumer protection class action by customers to proceed.

  • May 12, 2017

    Paskenta Band Again Denied Freeze Of Ex-Leaders' Assets

    A California federal judge on Thursday declined to rethink his decision not to freeze the assets of four former Paskenta Band of Nomlaki Indians officials accused by the tribe of a wide-reaching, multimillion-dollar embezzlement scheme, finding the tribe had not provided new evidence warranting a change.

  • May 12, 2017

    EPA Lets Pebble Mine Project Move Forward

    The U.S. Environmental Protection Agency said Friday it will allow a massive proposed Alaska copper mine to begin to move through the approval process again, a reversal of the Obama administration’s decision to block the issuance of any permits for the Pebble Mine project while it reviewed environmental impacts.

  • May 11, 2017

    Calif. Tribe Says $21M Casino Management Suit Must Be Nixed

    The Picayune Rancheria of the Chukchansi Indians urged a California federal judge Wednesday to toss a casino management company's suit alleging it lost $21 million when the tribe didn’t follow through on a management contract for the tribe’s casino, saying the tribe never waived its sovereign immunity to the suit.

  • May 11, 2017

    9th Circ. Won't Stay CFPB Jurisdiction Over Tribal Lenders

    The Ninth Circuit has declined to delay a mandate for its decision that three tribal lending companies must comply with civil investigative demands by the Consumer Financial Protection Bureau, after the companies had asked for extra time to bring an appeal at the U.S. Supreme Court.

  • May 11, 2017

    1st Circ. Won't Rethink Martha's Vineyard Tribal Casino Ruling

    The First Circuit on Wednesday rejected requests by Massachusetts and a Martha's Vineyard town for a rehearing of a circuit panel's decision, paving the way for a Native American tribe to open a bingo hall on the island.

Expert Analysis

  • Re-Evaluating The Clean Water Rule: A Long Road Ahead

    Joel C. Beauvais

    Notwithstanding President Donald Trump’s announcement Tuesday directing the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to issue a proposed rulemaking to rescind or revise their joint 2015 Clean Water Rule, the current uncertainty over the Clean Water Act’s scope is likely to remain for the foreseeable future, say Joel Beauvais and Claudia O’Brien of Latham & Watkins LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Indian Country And Climate Change After DAPL

    Matthew L.M. Fletcher

    Considering the Trump administration's support for the Dakota Access and Keystone XL pipelines, Native Americans are at the vanguard of challenging government and business acts that worsen climate change. One wonders if it is only a matter of time before Native Americans and their resources are in the administration's crosshairs, says Matthew Fletcher of Michigan State University College of Law.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • When You Find Human Remains On Your Construction Site

    Richard S. Reizen

    Contractors often stumble upon artifacts, ancient burial grounds, cemeteries and human remains while in the midst of a construction project. The most important immediate action is to stop work, contact the authorities and preserve the remains and artifacts, say Richard Reizen and Daniel Crowley of Gould & Ratner LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.