LAW & TREATY RIGHTS

Tribal Lender, TransUnion Violated FCRA: Fla. Suit

LAW360 (Native feed) - August 23, 2019 - 12:46pm
A Florida woman has filed a complaint removed Thursday to federal court claiming that the California-based Iipay Nation of Santa Ysabel and its online lending company violated the Fair Credit Reporting Act by obtaining a consumer report from TransUnion under false pretenses to target her for high-interest loans.

Tribe, Ex-Gov't Officials Argue Against Border Wall Funding

LAW360 (Native feed) - August 23, 2019 - 9:54am
A Native American tribe, former government officials, law professors and scores of religious groups threw their weight behind the states and advocates challenging the Trump administration’s efforts to use defense funds to build a southern border wall, filing amicus briefs Thursday at the Ninth Circuit.

DC Circ. Upholds Obama-Era Ozone Limit For Public Health

LAW360 (Native feed) - August 23, 2019 - 6:45am
The D.C. Circuit on Friday upheld the U.S. Environmental Protection Agency's 2015 rule tightening ozone standards to protect public health, rejecting arguments from industry and states that it's too protective and from environmental groups that the rule doesn’t go far enough.

Neb. High Court Affirms Keystone XL Route Approval

LAW360 (Native feed) - August 23, 2019 - 5:47am
The Nebraska Supreme Court on Friday affirmed a state agency's approval of a route for the Keystone XL oil pipeline, an important win for pipeline developer TC Energy's plan to transport oil sands from Canada into the U.S.

Osage Say Gov't Owes $100M For Trust Mismanagement

LAW360 (Native feed) - August 22, 2019 - 5:24pm
Several Osage Nation members say the federal government is mismanaging their oil and gas royalty trust fund, causing them damages of more than $100 million, according to a proposed class action filed in the U.S. Court of Federal Claims Wednesday.

4 Takeaways From EPA's Regional Haze Rule Guidance

LAW360 (Native feed) - August 22, 2019 - 5:01pm
States may be breathing a sigh of relief after the EPA released new guidance on how best to comply with a long-term program to reduce haze in national parks and wilderness areas, with the Trump administration allowing for more flexibility than the Obama administration. Here, Law360 explores four takeaways from the Regional Haze Rule guidance.

City Slams Enviros' Bid To Stop Ex-Casino Site Development

LAW360 (Native feed) - August 22, 2019 - 3:07pm
A California city has urged a federal court to toss an attempt by environmental groups and residents to halt development on land once intended for a casino while a tribe appeals an order denying its bid to exit the groups’ suit, saying only elected officials can decide how to develop the site.

On-Reservation Crimes Under Wash.'s Purview, 9th Circ. Told

LAW360 (Native feed) - August 22, 2019 - 2:09pm
A Washington county and city urged the Ninth Circuit on Wednesday to uphold a ruling that the state has jurisdiction over any crimes committed by or against non-Indians on the Yakama Nation reservation, saying the governor made it clear that Washington didn't give up control over those crimes to the federal government.

Enviros Push 4th Circ. To Halt Pipeline Work Amid FWS Fight

LAW360 (Native feed) - August 22, 2019 - 12:32pm
Environmental groups on Wednesday urged the Fourth Circuit to block construction of the Mountain Valley natural gas pipeline while the activists challenge the legality of an authorization issued by the U.S. Fish and Wildlife Service over the project's impact on endangered species and their habitats.

Superfund Redevelopment At 20: Continuing Challenges

LAW360 (Native feed) - August 22, 2019 - 10:42am
Even as the U.S. Environmental Protection Agency's Superfund Redevelopment Initiative celebrates its 20th anniversary, two key barriers to success remain, and are unlikely to change — the program’s chronic underfunding and the statute’s unforgiving liability scheme, says Linda Larson of Nossaman.

FOIA Suit Seeks DOI Chief's Correspondence With Lobbyists

LAW360 (Native feed) - August 21, 2019 - 6:11pm
A conservation group sued the U.S. Department of the Interior in D.C. federal court Wednesday, claiming the agency has failed to provide it with requested documents relating to Secretary David Bernhardt’s communications with his former lobbying clients.

Obama-Era Clean Water Act Change Deemed Unlawful, Again

LAW360 (Native feed) - August 21, 2019 - 6:08pm
A Georgia federal judge on Wednesday said a rule the Obama administration put forth in 2015 to broaden the reach of the Clean Water Act can't pass legal muster, marking the second time a federal judge has said the government must revisit the regulation.

Wyo. Floats Bill Allowing Tribal ID Use For Voter Registration

LAW360 (Native feed) - August 21, 2019 - 5:02pm
A Wyoming Legislature select committee has passed a draft bill aimed at facilitating the use of tribal identification for voter registration, according to a Republican representative who co-chairs the group.

States On Hook For Pollution Beyond Gold King: Contractor

LAW360 (Native feed) - August 21, 2019 - 3:00pm
A U.S. Environmental Protection Agency contractor told a federal court that Utah and New Mexico can't escape its bid to recover cleanup costs in the multidistrict litigation over the 2015 Gold King Mine spill, saying the impacts of that disaster can't be separated from decades of environmental damage the states ignored.

Dems Ask EPA To Explain Possible Appeals Board Changes

LAW360 (Native feed) - August 21, 2019 - 1:14pm
Democratic leaders of the House Energy and Commerce Committee are seeking answers from the U.S. Environmental Protection Agency on potential changes to the agency's appeals procedure that could make it harder to challenge pollution permits.

Litigation Finance Can And Should Protect Its Reputation

LAW360 (Native feed) - August 21, 2019 - 12:56pm
This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

Enviros Sue Over Trump Administration ESA Rollbacks

LAW360 (Native feed) - August 21, 2019 - 11:53am
The Trump administration's recent rollbacks of Endangered Species Act protections failed to analyze the harm that could result from the changes and to provide the required public notice-and-comment period, according to a lawsuit filed by environmental groups on Wednesday.

Democratic Candidates Court Tribal Leaders In Iowa

LAW360 (Native feed) - August 20, 2019 - 5:17pm
Sen. Bernie Sanders, I-Vt., Sen. Kamala Harris, D-Calif., and others in the crowded Democratic presidential candidate field talked up their plans to make the federal government do better by Native American tribes as a first-of-its-kind sitdown with tribal leaders wrapped up in Iowa on Tuesday.

Mass. Tribe Wins Bid To Amend Judgment In Casino Suit

LAW360 (Native feed) - August 20, 2019 - 5:16pm
A Massachusetts federal judge has granted the Wampanoag Tribe of Gay Head's bid to amend a judgment in the state's suit against the tribe over a casino project, resolving the tribe's concern that the state may interfere with its right to operate a gambling facility.

Panel Ruling Undermines Tribal Court Authority, 8th Circ. Told

LAW360 (Native feed) - August 20, 2019 - 2:28pm
Three Affiliated Tribes court officials on Monday urged the Eighth Circuit to reconsider its ruling that they can't hear tribe members' suits seeking royalties for the flaring of natural gas from wells on reservation lands, saying the ruling overrules U.S. Supreme Court precedent and neuters tribal court authority.

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