LAW & TREATY RIGHTS

Mass. Tribe Wants Feds Barred From Taking Land Out Of Trust

LAW360 (Native feed) - March 31, 2020 - 6:38pm
A Massachusetts tribe urged a DC federal court on Monday to issue a preliminary injunction to block the federal government from taking the Mashpee Wampanoag Tribe's reservation lands “out of trust” and revoking its reservation proclamation, which the U.S. Department of the Interior has said it will do soon.

Enviros Say Calif. Water District Violated Dam Design Order

LAW360 (Native feed) - March 31, 2020 - 5:15pm
Environmental and indigenous groups have accused a California water district of “acting as a law unto itself” by ignoring court deadlines to design fish passages to help the protected steelhead navigate the Vern Freeman Dam.

Tribe Hits 3M And USA With $21M Suit Over Polluted Water

LAW360 (Native feed) - March 31, 2020 - 4:44pm
The Kalispel Tribe of Indians and its casino have filed a $21 million lawsuit in Washington federal court against companies including 3M Co. and Tyco Fire Products LP, as well as the United States, saying "forever chemicals" in firefighting foam contaminated their drinking water for years.

BNSF Asks 9th Circ. To Rethink Tribe's Oil Shipping Win

LAW360 (Native feed) - March 31, 2020 - 3:25pm
BNSF Railway Co. has urged the Ninth Circuit to revisit a ruling that the Swinomish Indian Tribal Community can try to block the company’s increase in oil shipments across reservation land, saying that the Surface Transportation Board alone can regulate the railroad’s common carrier responsibilities.

NM Legislators Demand FEMA Hospital To Combat COVID-19

LAW360 (Native feed) - March 31, 2020 - 12:45pm
The Federal Emergency Management Agency must deploy a 248-bed military field hospital to Albuquerque, New Mexico, to combat a “surge” of COVID-19 patients in the state, a delegation of lawmakers told FEMA and the U.S. Department of Defense.

FCC Dems Press For More Coronavirus Action From Agency

LAW360 (Native feed) - March 31, 2020 - 12:42pm
The Federal Communications Commission’s two Democrats put forth a slate of ideas Tuesday to curb the spread of the coronavirus and keep vulnerable Americans connected amid the pandemic, saying their agency could move ahead with several action items immediately.

3 Steps To Building Effective Teams While On Lockdown

LAW360 (Native feed) - March 31, 2020 - 12:14pm
When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

DOI Directs BIA To Take Mass. Tribe's Land Out Of Trust

LAW360 (Native feed) - March 30, 2020 - 6:39pm
The U.S. Department of the Interior said Monday it is rescinding a decision to take Mashpee Wampanoag Tribe land into trust as part of a casino construction plan, citing a recent First Circuit ruling that it wrongly interpreted the Indian Reorganization Act.

Sioux Tribe Gets Partial Win In Health Suit Against HHS

LAW360 (Native feed) - March 30, 2020 - 5:43pm
A South Dakota federal judge said Monday that the U.S. Department of Health and Human Services owes some level of health care to the Rosebud Sioux Tribe, though his order did not go as far as the tribe wanted.

Enviros Cite 1st Circ. In Bid To Vacate EPA Adviser Policy

LAW360 (Native feed) - March 30, 2020 - 5:02pm
The Natural Resources Defense Council has told a New York federal court that a recent First Circuit decision bolsters its ongoing bid to vacate a 2017 U.S. Environmental Protection Agency policy regarding the allocation of EPA grants.

Tribe Members Say Gaming Co. Can't Make RICO Claims

LAW360 (Native feed) - March 30, 2020 - 4:52pm
Individual members of a tribe have told a California federal court that a gaming developer can't pursue racketeering claims against them in its $5.38 million breach of contract suit over a sham casino project, saying it already agreed to seek damages from the tribe itself.

Tribe, Feds Agree To Pause Suit For New Water Flow Plan

LAW360 (Native feed) - March 30, 2020 - 4:48pm
A California federal judge on Friday granted a stipulated pause of a lawsuit by the Yurok Tribe that seeks to protect a species of salmon the tribe says is vital to its livelihood and cultural identity from impacts of an irrigation project in the Klamath River.

Ariz. Tribe Fights Feds' Bid To Trim $8.6M Contract Suit

LAW360 (Native feed) - March 30, 2020 - 4:09pm
The San Carlos Apache Tribe has urged an Arizona federal judge to deny the government's bid to trim the tribe's $8.6 million suit alleging the Indian Health Service failed to reimburse it for indirect costs for health care coverage the tribe provided under contract with the agency.

Interior Looks To Ground Enviros' Bird Killing Policy Suit

LAW360 (Native feed) - March 30, 2020 - 2:17pm
The U.S. Department of the Interior told a New York federal court its decision to loosen enforcement on the incidental killing of migratory birds is an accurate interpretation of a 100-year-old statute and will streamline "a convoluted patchwork of legal standards."

Client Advocacy Tips For Remote Hearings During COVID-19

LAW360 (Native feed) - March 30, 2020 - 10:34am
As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

How To Conduct Depositions Remotely

LAW360 (Native feed) - March 30, 2020 - 10:22am
Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

The Attys And Legal Logic Behind Stay-At-Home Orders

LAW360 (Native feed) - March 27, 2020 - 6:44pm
The attorneys helping draft cities’ and states’ stay-at-home orders during the coronavirus pandemic have been tiptoeing through a legal minefield, working long hours to carve out the kind of work that should be considered “essential” and to ensure local governments aren’t overstepping their authority.

Greens See Red, Attys Urge Care With New EPA Virus Policy

LAW360 (Native feed) - March 27, 2020 - 5:35pm
The U.S. Environmental Protection Agency's decision to temporarily suspend some compliance obligations for entities affected by the coronavirus crisis was condemned by green groups as a free pass for polluters, but attorneys who work with companies say it's appropriate for the circumstances as long as clients don't stretch their interpretations too far.

Enviros' Favored Settlement Tool May Be In DOJ's Sights

LAW360 (Native feed) - March 27, 2020 - 4:52pm
The head of the U.S. Department of Justice's environmental unit said Friday that after prohibiting environmental projects as an option in enforcement settlements with private parties, officials are studying whether steps should be taken to curtail their use in citizen suits that environmentalists frequently pursue.

House Dems Tout COVID-19 Measures For Tribes, Eye More

LAW360 (Native feed) - March 27, 2020 - 3:09pm
As the COVID-19 pandemic worsens in Indian Country, House Democrats praised the inclusion of over $10 billion for tribes in the $2 trillion coronavirus relief bill signed by the president Friday, but said more federal funding would be needed to tackle the crisis.

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