LAW & TREATY RIGHTS

DHS Can Exempt Immigration Programs From Enviro Review

LAW360 (Native feed) - June 2, 2020 - 6:00pm
The U.S. Department of Homeland Security can exclude certain immigration policies from review over environmental harm after a California federal judge ruled that the exemption doesn't lead to higher immigration numbers, let alone population-driven ecological degradation.

3 Takeaways From The EPA's New Water Permit Rule

LAW360 (Native feed) - June 2, 2020 - 5:56pm
The U.S. Environmental Protection Agency this week ended years of deference to state and tribal governments to enforce Clean Water Act requirements on pipeline projects that cut through their jurisdictions, in a bid to deliver more regulatory certainty to developers, but the landmark change is far from cemented as it likely will face tough challenges in court.

Activists Block Land Swap Intended For Alaskan Refuge Road

LAW360 (Native feed) - June 2, 2020 - 4:42pm
The Trump administration cannot proceed with a planned land exchange that would allow an isolated Aleutian community to construct a road through Alaska's Izembek National Wildlife Refuge, a federal judge has said, in a win for environmental groups.

Groups Support Review Of 9th Circ. Ariz. Voting Regs Ruling

LAW360 (Native feed) - June 2, 2020 - 3:49pm
More than a dozen groups have urged the U.S. Supreme Court to review a Ninth Circuit majority's ruling in favor of the Democratic National Committee that found two Arizona voting regulations to be discriminatory. 

Fla. Judge Begrudgingly Tosses Kids' Climate Suit

LAW360 (Native feed) - June 2, 2020 - 2:38pm
A Florida judge has reluctantly dismissed a group of young people's suit accusing local officials of violating their state constitutional rights to a safe environment by promoting fossil fuel use despite knowing its climate change impacts, ruling from the bench that it isn't the court's place to legislate.

Feds, Industry Oppose Bid To Block Trump's Water Rule

LAW360 (Native feed) - June 2, 2020 - 2:04pm
The federal government, business groups and a coalition of states have said the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction was a reasonable move that shouldn't be halted just because some states like California disagree with the result.

First Nations Cigarette Co. Fights State Sales Rule At 2nd Circ.

LAW360 (Native feed) - June 2, 2020 - 1:56pm
A Canadian First Nations-owned cigarette company has urged the Second Circuit to revive its challenge to Connecticut's enforcement of a state tobacco law, saying a reporting provision meant to stem illegal cigarette trafficking is unconstitutional.

Lawyers Must Address Racial Injustice With Radical Candor

LAW360 (Native feed) - June 2, 2020 - 1:40pm
The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

Tribes Ask For Quick Win In Puget Sound Fishing Dispute

LAW360 (Native feed) - June 2, 2020 - 12:49pm
Three Native American tribes have asked a Washington federal judge to stop the Lummi Nation from acting on its plans to begin winter crab fishing in their essential fishing territories north of Seattle in violation of a federal fishing plan, saying that the tribe has only recently decided to fish there after staying away for 45 years.

DOI Says ND Has Mineral Rights Under River On Tribal Land

LAW360 (Native feed) - June 1, 2020 - 6:14pm
The U.S. Department of the Interior's chief attorney has killed part of an Obama-era decision by his predecessor backing tribal claims against North Dakota to mineral rights, saying the state legally owns submerged lands beneath the Missouri River where it flows through a tribe's reservation.

FCC Eases Rules For Providing Subsidized Tribal Broadband

LAW360 (Native feed) - June 1, 2020 - 4:40pm
The Federal Communications Commission in an order Monday made it easier for low-income consumers living on rural tribal lands to obtain discounts on broadband internet and phone services during the coronavirus pandemic.

Tribe Can't Block Irrigation Plan In Its Bid To Protect Salmon

LAW360 (Native feed) - June 1, 2020 - 3:24pm
A California federal judge has rejected the Yurok Tribe's bid to lift a stay in a suit against the federal government seeking to protect a salmon species from the impacts of an irrigation project in the Klamath River.

How Lawyers Can Network Better, Virtually And In Person

LAW360 (Native feed) - June 1, 2020 - 2:11pm
The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

Practical Tips For Presenting Your Case To Litigation Funders

LAW360 (Native feed) - June 1, 2020 - 1:56pm
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

Tribes, Treasury Seek Wins In COVID-19 Funding Row

LAW360 (Native feed) - June 1, 2020 - 12:02pm
The Treasury Department and federally recognized tribes have asked a D.C. federal judge for quick wins in the tribes' suits against the government seeking to block Alaska Native corporations from receiving millions of dollars in federal COVID-19 relief, battling over whether the companies qualify for the funds under the CARES Act.

EPA Defends Easing Pollution Enforcement Policy For Virus

LAW360 (Native feed) - June 1, 2020 - 11:44am
The U.S. Environmental Protection Agency told a federal court that environmental groups suing it for relaxing how it handles pollution standards noncompliance during the coronavirus outbreak are seeking unreasonable relief for a hypothetical injury.

EPA Finalizes Restraints On State, Tribal Water Permit Power

LAW360 (Native feed) - June 1, 2020 - 10:02am
The U.S. Environmental Protection Agency on Monday hobbled the authority of states and tribes to block projects like pipelines, export terminals and dams over Clean Water Act concerns, saying the power had been abused to unfairly restrict commerce.

Native American Tribes Sue Feds Over Keystone Pipeline

LAW360 (Native feed) - May 29, 2020 - 2:51pm
Two Montana-based Native American tribes filed a lawsuit against the U.S. government on Friday challenging the approval of an oil pipeline being built near the Fort Peck Indian Reservation, claiming federal agencies failed to consider how the project would impact the tribes.

Avoiding Inadvertent Privilege Waivers In E-Communications

LAW360 (Native feed) - May 29, 2020 - 2:33pm
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

Dems Upbeat On Prospects For Stalled Broadband Bills

LAW360 (Native feed) - May 29, 2020 - 2:30pm
House and Senate Democrats have high hopes for passing a bevy of broadband expansion bills, whether or not they're officially rolled into the next coronavirus rescue package, two Hill staffers told Law360 during a virtual panel event on Friday.

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