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Native American

  • December 18, 2018

    10th Circ. Won't Rethink Pipeline Ruling Protecting Tribal Land

    The Tenth Circuit won't reconsider its mid-November decision denying a natural gas pipeline company the right to take control of land that's partially owned by a Native American tribe, the court said in a short order.

  • December 18, 2018

    Where 5 Top MDLs Stand At The End Of 2018

    The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.

  • December 18, 2018

    Gov't Agrees To Dam Water Release In Fish Protection Row

    Washington state and several federal agencies have reached a deal with Oregon and the Nez Perce Tribe to ensure that endangered salmon and steelhead can traverse the Columbia River basin while the government works on a new environmental analysis regarding dams in the waterway, according to a Tuesday announcement.

  • December 18, 2018

    NY Judge Tosses Casino Arrest Suit Against Oneida Cops

    A New York federal judge on Tuesday tossed a suit against officers of the Oneida Indian Nation Police Department at the tribe's Turning Stone Resort Casino, saying they hadn’t used excessive force in making a arrest at the facility.

  • December 18, 2018

    Keep Youth Climate Suit On Hold, Feds Tell Judge

    The U.S. government on Monday urged an Oregon federal judge to maintain her stay of a children's suit accusing the government of pushing policies that contribute to climate change while the Ninth Circuit mulls its latest bid to dismiss the case, saying the children haven't justified the need for a restart.

  • December 17, 2018

    Mich. Group Lost Chance To Fight For Tribal Status, Feds Say

    A Native American group from Michigan can't re-petition for federal tribal recognition after having squandered prior opportunities to challenge a denial, the U.S. government has told a D.C. federal judge.

  • December 17, 2018

    Wash. Tribe, County Look To Topple DOI's Casino Approval

    The Kalispel Tribe of Indians and Spokane County, Washington, have asked a federal judge to undo the U.S. Department of the Interior’s approval of a new Spokane Tribe casino, saying the agency ignored its regulatory duties when it signed off on the project.

  • December 17, 2018

    2nd Circ. Revives Enviro's CWA Suit Against Recycler

    The Second Circuit on Monday revived the Sierra Club's lawsuit seeking to stop a New York construction waste recycling company from discharging polluted stormwater, ruling that the company's activities could be subject to Clean Water Act permitting requirements.

  • December 17, 2018

    Records In OxyContin Suit Are Public, Ky. Appeals Court Says

    The Boston Globe's health care publication STAT is entitled to access certain sealed documents leading up to Kentucky's $24 million settlement with Purdue Pharma LP over OxyContin's role in the opioid crisis, a Kentucky appeals court has affirmed.

  • December 17, 2018

    Consumers Slam Challenge To Cert. In Tribe-Linked Loan Suit

    Consumers accusing an online lender tied to a Michigan tribe of issuing loans with unreasonably high interest rates have urged a Virginia federal court to reject a request by one of the defendants to lodge another brief challenging class certification, accusing him of trying to improperly tilt the scale.

  • December 15, 2018

    Interior Head Zinke Exits Amid Ethics Investigations

    U.S. Department of the Interior head Ryan Zinke has resigned from the agency amid several ethics investigations, leaving a legacy of support for increased domestic energy production and greater access to federal lands for industry and hunters, along with big rollbacks of environmental and endangered species protections.

  • December 14, 2018

    Tribal Hunting Right Outlasted Wyo. Statehood, Justices Told

    A Crow tribe member has pressed the U.S. Supreme Court to throw out his state court conviction for elk hunting in Wyoming's Bighorn National Forest, arguing that Wyoming’s statehood didn’t erase the tribe’s treaty right to hunt and that a circuit court ruling to that effect has been torpedoed by the high court.

  • December 14, 2018

    FWS Evaluation Of Bald Eagle Impacts Fell Short, Judge Says

    A Colorado federal judge has tossed a U.S. Fish and Wildlife Service permit that allowed construction on an apartment complex even though it could disturb a nearby bald eagle nest, deciding that the government’s environmental assessment did not consider the impact of the finished building.

  • December 14, 2018

    The Biggest Telecom Cases Of 2018

    2018 was an action-packed year for telecom-related litigation that included a closely watched appeal of the government's rollback of net neutrality, fallout over the failed Sinclair-Tribune megamerger and a contentious trial over AT&T’s bid to acquire Time Warner. Here, Law360 reviews those and other high-profile cases from the past 12 months and outlines what they mean for the telecom industry’s legal landscape.

  • December 14, 2018

    10th Circ. Rejects Comanche Bid To Block Chickasaw Casino

    The Tenth Circuit on Friday upheld a lower court ruling rejecting the Comanche Nation's bid to stall the opening of a Chickasaw Nation casino, saying the Comanches are unlikely to succeed on the merits of their pending challenge to land acquisition for the project.

  • December 14, 2018

    Employee Of Mont. Tribe Program Pleads Guilty To Theft

    An employee of a Blackfeet Tribe early childhood health and education program overseen by the U.S. Department of Health and Human Services pled guilty to stealing money through a scheme where she and others falsely claimed thousands of overtime hours they did not work, the U.S. Department of Justice said Friday.

  • December 14, 2018

    Senate Approves Gila River, Leech Lake Indian Country Bills

    The U.S. Senate on Thursday passed bills that clarify the boundary of the Gila River Indian Community, transfer land to the Leech Lake Band of Ojibwe and amend the 1947 Stigler Act to remove a blood quantum requirement for heirs to allotted lands of the so-called Five Civilized Tribes of Oklahoma.

  • December 13, 2018

    Hunters Back Monument Cuts Opposed By Enviros, Tribes

    Several hunting groups have urged a D.C. federal court to toss suits by environmental groups and Native American tribes challenging President Donald Trump’s decision to shrink the Bears Ears and Grand Staircase-Escalante national monuments, saying the litigation is trying to turn the monuments into "de facto national parks.”

  • December 13, 2018

    Udall To Remain Top Dem On Senate Indian Affairs Committee

    Senate Democratic leadership announced Wednesday that Sen. Tom Udall, D-N.M., will continue to help lead the U.S. Senate Committee on Indian Affairs in the 116th Congress.

  • December 13, 2018

    8th Circ. Won't Revive ND Landowners' Pipeline Fraud Suit

    The Eighth Circuit on Thursday upheld a district court’s decision to toss a suit by North Dakota landowners claiming Dakota Access LLC made misrepresentations to them while negotiating easements for its pipeline, agreeing with the lower court that the landowners hadn’t met the heightened pleading standard for fraud claims.

Expert Analysis

  • Spotlight On Produced Water Management Options Intensifies

    Lydia González Gromatzky

    With various areas of the country experiencing water scarcity concerns or limitations on injection capacity, stakeholders have expressed interest in not only expanding produced water management options, but also allowing produced water to be returned to the hydrologic cycle, says Lydia González Gromatzky of Hunton Andrews Kurth LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.