LAW & TREATY RIGHTS

Questions Swirl Around Opioid MDL Bellwether Trial

LAW360 (Native feed) - October 8, 2019 - 5:56pm
A highly anticipated bellwether trial in the opioid multidistrict litigation is increasingly shrouded in uncertainty amid a flurry of settlements with drugmakers and aggressive maneuvers by drug distributors to avoid going before a jury.

Purdue Agrees To Put Off Consideration Of Ch. 11 Bonuses

LAW360 (Native feed) - October 8, 2019 - 4:38pm
Bankrupt drugmaker Purdue Pharma LP told a New York judge Tuesday that it had reached an agreement with unsecured creditors and others to delay final consideration of certain employee bonuses proposed in its Chapter 11 case.

Calif. Tribe, Feds Beat Challenge To Casino Land Acquisition

LAW360 (Native feed) - October 8, 2019 - 2:42pm
The federal government and the Wilton Rancheria Tribe of California have defeated a lawsuit challenging the tribe's acquisition of land in trust to build a casino, with a D.C. federal judge ruling that the land acquisition was handled properly.

States Want To Back EPA Oversight Of Power Plant Emissions

LAW360 (Native feed) - October 8, 2019 - 2:24pm
New York, California and dozens more states and local governments have asked to intervene in three cases before the D.C. Circuit to defend the U.S. Environmental Protection Agency’s authority to regulate greenhouse gas emissions from existing power plants.

DOI Wants End To MGM Suit Over Tribes' Casino Deals

LAW360 (Native feed) - October 8, 2019 - 1:51pm
The U.S. Department of the Interior urged a D.C. federal judge Monday to toss a suit by MGM over the Mohegan and Mashantucket Pequot tribes’ planned $300 million casino, saying the DOI’s decision to approve changes to the tribes' gaming agreements did not illegally authorize the project.

EPA Asks 1st Circ. To Uphold Policy Restricting Advisers

LAW360 (Native feed) - October 8, 2019 - 11:56am
The U.S. Environmental Protection Agency has asked the First Circuit to affirm the dismissal of a Massachusetts lawsuit filed by scientists who are challenging the agency's decision to bar advisory committee members from receiving EPA grants.

Wilton Rancheria secures victory in homelands case

INDIANZ.COM (gaming) - October 8, 2019 - 10:46am
The Wilton Rancheria is celebrating after a federal judge sided with the tribe and the federal government in a homelands case.

Yellowstone Grizzlies Don’t Need Protected Status, Feds Say

LAW360 (Native feed) - October 7, 2019 - 4:48pm
The U.S. Fish & Wildlife Service wants the Ninth Circuit to revive the agency's decision to remove Endangered Species Act protections for the grizzly population at Yellowstone National Park after a lower court blocked the potential rule, saying the bears aren't genetically threatened.

Montana Wants In On New Keystone XL Pipeline Suit

LAW360 (Native feed) - October 7, 2019 - 4:39pm
Montana's attorney general on Monday said millions off dollars in state tax revenue is at risk because of an environmental group's challenge to a permit allowing the construction of the Keystone XL Pipeline and asked to intervene in the case.

Tribal History Center Suit Mostly Moot, 10th Circ. Says

LAW360 (Native feed) - October 7, 2019 - 3:15pm
The Tenth Circuit largely upheld a decision to toss the Caddo Nation’s suit claiming a Wichita and Affiliated Tribes history center threatened ancestral graves, saying Friday that completion of most of the construction for the project mooted many of the claims.

NY Tribe Denies Its Gambling Suit Repeats Previous Case

LAW360 (Native feed) - October 7, 2019 - 12:31pm
The Cayuga Nation has asked a New York federal judge to grant it a quick win in its fight against a local anti-gambling ordinance, saying local officials can't claim the tribe is duplicating an earlier lawsuit it lost over lands.

Supreme Court Won't Hear SD Tribes' Child Welfare Case

LAW360 (Native feed) - October 7, 2019 - 11:45am
The U.S. Supreme Court on Monday declined to take up a petition from two tribes challenging South Dakota temporary custody proceedings involving Native American children that were described as unconstitutional.

Bid To Boot Opioid Judge Raises Questions On Judicial Roles

LAW360 (Native feed) - October 7, 2019 - 10:49am
The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

Ala. Tribe Proposes $275M Casino For Chicago Suburbs

LAW360 (Native feed) - October 4, 2019 - 5:37pm
A company that operates a growing number of casinos for an Alabama-based Native American tribe said it is seeking approval to build a $275 million casino in the Chicago suburbs, according to local news reports.

4 High Court Cases Enviro Attys Should Watch This Term

LAW360 (Native feed) - October 4, 2019 - 4:38pm
The U.S. Supreme Court is set to decide several important cases of interest to environmental attorneys this term, beginning with a hotly contested battle over whether the Clean Water Act covers pollution that travels through groundwater.

House Wants Voice In 9th Circ. Border Wall Funding Fight

LAW360 (Native feed) - October 4, 2019 - 4:20pm
The U.S. House of Representatives asked to participate in oral arguments in November when the Ninth Circuit takes on lawsuits over the Trump administration's attempt to use $2.5 billion of defense funds to build a wall along the southern border.

25 AGs Say Purdue, Sackler Suits Should Proceed In Ch. 11

LAW360 (Native feed) - October 4, 2019 - 3:46pm
A group of 25 attorneys general on Friday asked a New York state bankruptcy court to allow state suits to continue against opioid maker Purdue Pharma LP and its owners the Sackler family, arguing the suits will actually help speed resolution of Purdue’s Chapter 11 case.

Native Judges Still Looking For Room On Federal Bench

LAW360 (Native feed) - October 4, 2019 - 2:27pm
Native Americans bring knowledge of Indian law and perspectives on their communities that are often sorely lacking among federal judges, but better connections to pipelines for judicial candidates and a stronger commitment to diversity are needed to improve their woeful rate of representation on the federal bench, experts say.

Calif. Tribe Urges Justices To Rebuff Ex-Employee's Petition

LAW360 (Native feed) - October 4, 2019 - 1:38pm
The Cedarville Rancheria of Northern Paiute Indians urged the U.S. Supreme Court on Thursday to reject a petition by the tribe's former administrator, saying her powerful position at the tribe gave the tribal court the right to hear claims she lost some $1.2 million of the tribe's money.

NY, Calif., 24 Other States Fight Purdue's $38M Bonus Plan

LAW360 (Native feed) - October 3, 2019 - 7:09pm
A slew of attorneys general from 26 states including New York, California and Wisconsin on Thursday joined the Office of the U.S. Trustee in opposing a motion from bankrupt opioid maker Purdue Pharma LP looking to pay its workers up to $38 million in bonuses as it goes through the bankruptcy process.

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