Creek Nation Rips Okla. AG's 'Toxic' Take On Post-McGirt Plan

LAW360 (Native feed) - August 7, 2020 - 5:19pm
The Muscogee (Creek) Nation on Friday slammed Oklahoma's attorney general for comments on his plan to get federal lawmakers to tackle jurisdiction in the state following the U.S. Supreme Court's recent McGirt decision, saying that doing so was "akin to asking Congress to legalize a toxic waste spill in the ocean, instead of working to clean it up."

Feds Issue Update To Mineral Royalty Valuation Policy

LAW360 (Native feed) - August 7, 2020 - 3:39pm
The U.S. Department of the Interior on Friday proposed changing how lease royalties for minerals such as oil and gas on federal lands are calculated, pushing to reduce the burden on industry and reverse Obama-era changes. 

Full DC Circ. Leaves Border Wall Funding Dispute Unresolved

LAW360 (Native feed) - August 7, 2020 - 3:32pm
In light of a full D.C. Circuit finding that the House can sue to enforce subpoenas, a majority of the court on Friday bounced the House's suit over whether the Trump administration can reallocate border wall funding to a three-judge panel to decide.

Dems Seek Info On Trump's Fast-Tracked Projects

LAW360 (Native feed) - August 7, 2020 - 3:05pm
Nearly 60 Democratic members of Congress have demanded that the Trump administration come clean about which major infrastructure projects have benefited from an executive order to fast-track environmental reviews amid the economic downturn sparked by the COVID-19 pandemic.

Navajo Nation Moves For Win In Six Funding Shortfall Suits

LAW360 (Native feed) - August 7, 2020 - 2:47pm
The Navajo Nation on Thursday sought a win in six consolidated cases against the federal government, alleging that the Department of the Interior improperly denied its funding requests for the tribe's judicial branch between 2015 and 2020.

NCAI Tells DC Circ. Alaska Cos. Shouldn't Get COVID Funds

LAW360 (Native feed) - August 6, 2020 - 6:33pm
The National Congress of American Indians and other tribal advocacy groups have urged the D.C. Circuit to rule that Alaska Native corporations are ineligible for part of $8 billion in COVID-19 relief under the CARES Act, saying the companies don't qualify as "tribal governments" under the law.

DEA Beats Discovery Subpoenas In Opioid MDL Bellwether

LAW360 (Native feed) - August 6, 2020 - 6:11pm
The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.

Native American Orgs Demand More Time For Census

LAW360 (Native feed) - August 6, 2020 - 4:03pm
Three prominent organizations representing the rights of Native Americans issued a joint statement Wednesday condemning the U.S. Census Bureau's decision to suspend field operations on Sept. 30, rather than on Oct. 31 as previously planned.

NRDC, Others File New Suit Over Project Review Process

LAW360 (Native feed) - August 6, 2020 - 2:59pm
The Natural Resources Defense Council and a coalition of environmental groups on Thursday filed the latest federal court challenge against the Trump administration's proposal to update the National Environmental Policy Act to streamline project reviews, arguing the changes are ill-considered and unlawful.

Pharmacies Can't Dodge Ohio Opioid MDL's 2021 Bellwether

LAW360 (Native feed) - August 6, 2020 - 2:15pm
The Ohio federal judge overseeing opioid multidistrict litigation has refused to toss two Ohio counties' bellwether cases against pharmacies, allowing their public nuisance claims over the dispensing and distribution of opioids to move forward.

Analyzing Upward And Downward Trends In Legal Tech

LAW360 (Native feed) - August 6, 2020 - 1:49pm
Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

Coronavirus Litigation: The Week In Review

LAW360 (Native feed) - August 6, 2020 - 12:34pm
Universities are pushing back on students' claims that they are entitled refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic. 

Mining Co. Will Pay Tribes Another $1.6M For River Cleanup

LAW360 (Native feed) - August 6, 2020 - 10:09am
Canadian mining giant Teck Resources Ltd. has agreed to shell out another $1.6 million to a confederated tribal nation to cover recent costs associated with pollutants it dumped into the Columbia River decades ago from its Canadian smelter that then leached into the Washington state environment.

Calif. Gov. Signs Six Tribal Compacts, Approves Casino Move

LAW360 (Native feed) - August 5, 2020 - 6:16pm
California Gov. Gavin Newsom on Tuesday announced that he had signed new tribal gaming compacts with six tribes and approved the placement of 40 acres into trust for a central California tribe seeking to relocate its casino.

10th Circ. Nixes Trade Group's Obama Royalty Rule Challenge

LAW360 (Native feed) - August 5, 2020 - 5:16pm
The American Petroleum Institute can't challenge an Obama-era rule governing civil penalty notices for oil and gas leases on federal and tribal land based on hypothetical injuries the group's members might incur, the Tenth Circuit ruled Wednesday.

DC Circ. Halts Order To Shut Down Dakota Access Pipeline

LAW360 (Native feed) - August 5, 2020 - 4:03pm
The D.C. Circuit on Wednesday said the Dakota Access pipeline will not have to be shut down and drained of oil, halting a federal judge's order issued after he identified problems with an environmental review.

EPA To Pay Utah $360M Over Gold King Mine Spill

LAW360 (Native feed) - August 5, 2020 - 3:57pm
The U.S. Environmental Protection Agency has committed to spending more than $360 million to settle a dispute with Utah over an incident five years ago when millions of gallons of toxic waste was accidentally released into state rivers by a government contractor.

AT&T Calls For Modernization Of FCC's Lifeline Program

LAW360 (Native feed) - August 5, 2020 - 3:31pm
AT&T on Tuesday said the Federal Communications Commission's low-income subsidy program for phone and broadband service needs to be updated, stating in a blog post that lawmakers should consider streamlining Lifeline's eligibility requirements and modernizing delivery as part of efforts to expand the benefit program.

6th Circ. Told McGirt Ruling Backs Mich. Tribe's Reservation

LAW360 (Native feed) - August 5, 2020 - 3:23pm
The Little Traverse Bay Bands of Odawa Indians has pressed the Sixth Circuit to overturn a ruling that the tribe never had a reservation, saying the U.S. Supreme Court's recent ruling in McGirt supports the Michigan tribe's contention that its reservation was established under a 19th-century treaty.

Enviros Say Alaskan Mining Road Was Wrongly Approved

LAW360 (Native feed) - August 5, 2020 - 2:50pm
Environmental organizations asked an Alaska federal court to vacate environmental permits for a mining road in the state's southern Brooks Range and national park areas, saying government agencies wrongly allowed the 211-mile road project to move forward.


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