Native American

  • April 25, 2018

    Comanche Urge 10th Circ. To Undo Chickasaw Casino Ruling

    The Comanche Nation further urged the Tenth Circuit on Tuesday to overturn a lower court ruling that denied the tribe’s bid to stall the opening of a Chickasaw Nation casino pending the Comanche’s challenge to the land acquisition for the project.

  • April 25, 2018

    Think Finance Says CFPB Unconstitutional In Dismissal Bid

    The Consumer Financial Protection Bureau is an unconstitutional agency trying to pin the blame on Think Finance LLC for allegedly improper consumer loans that tribal lenders offered, the financial technology firm told a Montana federal judge Tuesday in seeking to have the case filed against it by the agency thrown out.

  • April 25, 2018

    8th Circ. Backs Army Corps' Win Over Tribe's Permit Claims

    An Eighth Circuit panel on Wednesday refused to revive the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation’s claims that accused the U.S. Army Corps of Engineers of improperly allowing development near a South Dakota lake that it considers sacred.

  • April 25, 2018

    Wash. Tribe Says Army Corps Permit Threatens Aquatic Life

    The Swinomish Indian Tribal Community hit the Army Corps of Engineers with a suit in Washington federal court Tuesday, alleging the agency violated U.S. environmental law by not providing protections for habitats critical to a threatened salmon species in a nationwide permit for shellfish aquaculture.

  • April 25, 2018

    10th Circ. Says Enable Can Keep Pipeline, At Least For Now

    Enable Midstream Partners LP will not be forced to rip up 1,300 feet of pipeline on land held in trust for a group of tribal landowners by the federal government prior to the merits of the case being heard on appeal, the Tenth Circuit said Tuesday.

  • April 24, 2018

    SD Tribe Hits FCC With Suit Over Infrastructure Rule

    The Crow Creek Tribe hit the Federal Communications Commission with a proposed class action in South Dakota federal court Monday, seeking to represent federally recognized tribes in a suit claiming the FCC overstepped its authority when it recently approved new rules exempting small cell fixtures from environmental and historic reviews.

  • April 24, 2018

    Nebraska's Tobacco Regulations Unconstitutional, Tribe Says

    A Native American tribe based in Nebraska has filed a lawsuit in U.S. district court against the state attorney general and tax commissioner, alleging their efforts to regulate the tribe’s tobacco industry are unconstitutional.

  • April 24, 2018

    Wis. Tribe Asks 7th Circ. To Revive Claims Over Rival Casino

    The Stockbridge-Munsee Community on Monday urged the Seventh Circuit to revive its lawsuit seeking to block the Ho-Chunk Nation's casino expansion plans and faulting the state of Wisconsin for not halting the project, arguing that its claims did not come too late.

  • April 24, 2018

    In Turnabout, Judge Erases Challenge To NM Drilling Permits

    A New Mexico federal judge on Monday rejected all challenges by environmental groups and a Navajo tribal group seeking to block the Bureau of Land Management from allowing further drilling in New Mexico’s Mancos Shale, after originally saying the groups' National Historic Preservation Act allegations had merit.

  • April 24, 2018

    Feds Wrongly Denied Tribal Status Vote, 9th Circ. Hears

    Members of a group seeking to form its own tribe have told the Ninth Circuit that the federal government was wrong to not allow them to vote on organizing as a half-blood Native American tribe, saying they have been denied their right to establish their own tribal government.

  • April 23, 2018

    Tribe Slams SD’s Gambling Amenity Tax Bid In 8th Circ.

    The Flandreau Santee Sioux Tribe urged the Eighth Circuit on Friday to bar South Dakota from levying use tax on its casino’s amenities, saying the usual presumption against federal preemption did not apply to Native American law.

  • April 23, 2018

    Activists Can Make Case For Pipeline Shutoff, Panel Says

    Four climate change activists charged with tampering with an Enbridge Inc. tar sands pipeline can present evidence at their trial that their actions were necessary to prevent environmental harm caused by fossil fuel use, a Minnesota appeals court said Monday in upholding a lower court ruling.

  • 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.

Expert Analysis

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Spending Bill Includes Unique Path To Conservation Goals

    John Andrews

    Buried deep inside the recently passed Consolidated Appropriations Act, legislation reviving the formerly expired Federal Land Transaction Facilitation Act offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions, says John Andrews of Snell & Wilmer LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.