LAW & TREATY RIGHTS

FERC Divide Sharpens Over Gas Project Approvals

LAW360 (Native feed) - May 21, 2020 - 2:34pm
The Federal Energy Regulatory Commission on Thursday advanced a pair of liquefied natural gas projects, although the agency's sole Democratic commissioner accused his colleagues of blindly approving projects despite concerns about the COVID-19 pandemic and slumping LNG demand.

SD Gov. Seeks Trump's Help To End Tribes' COVID-19 Stops

LAW360 (Native feed) - May 21, 2020 - 2:23pm
South Dakota Gov. Kristi Noem announced Wednesday that she is seeking help from President Donald Trump and others to shut down checkpoints that tribes have set up to mitigate the spread of COVID-19 on their reservations, pushing her stance that the stops on U.S. and state highways are unlawful.

Virtual Meetings Could Be Fertile Ground For Legal Discovery

LAW360 (Native feed) - May 21, 2020 - 1:05pm
Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

Sioux Tribes, Dems Want Dakota Access Easement Revoked

LAW360 (Native feed) - May 21, 2020 - 12:12pm
Four Sioux tribes and more than three dozen Democratic members of Congress have urged a D.C. federal judge to pull an easement for the Dakota Access Pipeline, claiming a glut of crude oil in the U.S. undermines the federal government's claim that revoking access would disrupt American markets.

Green Groups Tell 9th Circ. Feds Flubbed Water Permit Policy

LAW360 (Native feed) - May 21, 2020 - 11:34am
Environmental groups have asked the Ninth Circuit not to put on hold a Montana federal judge's decision to void a common nationwide water permit for use with new oil and gas pipeline construction, saying the fault lies with the federal government for ignoring its potential impact on protected species.

Tribes Say Chemical Co. Twisting Facts In Permit Appeal

LAW360 (Native feed) - May 20, 2020 - 6:11pm
Idaho tribes told the U.S. Supreme Court on Wednesday that chemical company FMC Corp. "resorts to a battery of mischaracterizations" in its effort to get the high court to overturn a ruling it owes $1.5 million in annual permit fees to the tribes.

DOI Tribal Land-Into-Trust Guidance 'A Joke,' DC Judge Says

LAW360 (Native feed) - May 20, 2020 - 3:19pm
A D.C. federal judge on Wednesday slammed the U.S. Department of the Interior's guidance for deciding when a tribe qualifies to have its land taken into trust, calling it "a joke" and blasting the government's contention that the guidance should apply to the Mashpee Wampanoag Tribe's land-into-trust application if it's sent back to the agency.

Advocacy Groups Decry New Trump Deregulatory Move

LAW360 (Native feed) - May 20, 2020 - 3:13pm
Environmental and other advocacy groups say more harm than good will come from President Donald Trump's executive order that instructs agencies to work faster to reduce regulations and cut more red tape to help the economy rebound.

EPA Chief Faces Heat Over Compliance Relief Amid COVID-19

LAW360 (Native feed) - May 20, 2020 - 2:37pm
Senate Democrats on Wednesday slammed U.S. Environmental Protection Agency Administrator Andrew Wheeler over the agency's decision to offer relief from some compliance obligations to entities affected by the coronavirus pandemic, saying it will put vulnerable communities at risk.

Alaska Native Hospital Calls For Pandemic Fishery Shutdown

LAW360 (Native feed) - May 20, 2020 - 1:50pm
Alaska Gov. Mike Dunleavy's decision to allow commercial fishing this summer could precipitate a public health crisis for native villages in the Bristol Bay region in violation of state human rights law, native leaders and health experts say. 

The Role Of Remote Mediation After The Crisis Is Over

LAW360 (Native feed) - May 20, 2020 - 1:38pm
When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

Green Group Wants Feds To Update Grizzly Recovery Plan

LAW360 (Native feed) - May 20, 2020 - 11:50am
The Center for Biological Diversity on Tuesday urged a Montana federal judge to grant summary judgment in a suit over the U.S. Fish and Wildlife Service's alleged failure to update the federal recovery plan for grizzly bears.

7 Steps To Romancing The Virtual Classroom

LAW360 (Native feed) - May 20, 2020 - 7:34am
For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

DOI Says It Properly Rejected Mashpee Tribe's Trust Land Bid

LAW360 (Native feed) - May 19, 2020 - 5:15pm
The U.S. Department of the Interior has told a D.C. federal court that it correctly updated a test to decide when tribes qualify to have land taken into trust, saying it did not surreptitiously apply 2020 guidance to a 2018 decision, as the Mashpee Wampanoag Tribe claims.

Tribal Fishing Co. Says OSHA Has To Keep Hands Off

LAW360 (Native feed) - May 19, 2020 - 4:51pm
A Red Lake Band of Chippewa Indians-owned fishing company urged the Eighth Circuit on Tuesday to uphold a ruling that it didn't have to submit to a federal inspection following the fatal drowning of two employees, saying the Occupational Safety and Health Administration has no say over the tribe's treaty-protected fishing business.

Powell, Mnuchin Open To Eligibility Tweaks For Fed Programs

LAW360 (Native feed) - May 19, 2020 - 4:17pm
The heads of the U.S. Treasury Department and Federal Reserve told senators on Tuesday they're keeping an open mind about expanding eligibility for some of the central bank's emergency lending facilities to cover a wider range of companies and collateral.

Gov't Says It's Following Plan To Protect Salmon

LAW360 (Native feed) - May 19, 2020 - 4:02pm
The U.S. Bureau of Reclamation and the National Marine Fisheries Service are urging a California federal court to reject the Yurok Tribe's bid to lift a stay so it can pursue a temporary restraining order to protect a species of salmon from the impacts of an irrigation project on the Klamath River.

NextEra Kansas Wind Farm Must Halt, Kickapoo Member Says

LAW360 (Native feed) - May 19, 2020 - 3:19pm
Construction on a NextEra Energy Inc. wind farm in Kansas must be stopped immediately because the project has not been properly vetted for its potential to devastate a local tribe and rural agricultural community, a Kickapoo Nation member said in a proposed class action.

Key Return-To-Work Considerations For Law Firms

LAW360 (Native feed) - May 19, 2020 - 12:12pm
There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

Green Groups Lose Bids To Challenge ESA Rollbacks

LAW360 (Native feed) - May 18, 2020 - 4:25pm
A California federal judge on Monday tossed two lawsuits filed by environmentalists and animal rights activists alleging the federal government's recent Endangered Species Act rollbacks failed to analyze the harm that could result from the changes — but a similar case brought by states survived.

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