LAW & TREATY RIGHTS

5th Circ. Rules Indian Child Welfare Act Constitutional

LAW360 (Native feed) - August 9, 2019 - 5:31pm
The Fifth Circuit on Friday overturned a Texas district judge’s decision that struck down the Indian Child Welfare Act as unconstitutionally race-based, handing a major win to tribes by backing tribal sovereignty and upholding a law tribes contend is vital to sustaining Native families and culture.

CBD Co. Lied About Access To Tribal Land, SEC Says

LAW360 (Native feed) - August 9, 2019 - 4:26pm
The former CEO of a CBD company must pony up $200,000 to settle U.S. Securities and Exchange Commission claims that he lied about the company's operations, including how it had access to Native American land where it was growing hemp, the agency said Friday.

DOI Wants Utah Oil, Gas Lease Challenges Trashed

LAW360 (Native feed) - August 9, 2019 - 3:34pm
The U.S. Department of the Interior asked a Utah federal court Thursday to nix suits challenging dozens of oil and gas leases in the state, saying the government has already decided to take another look at potential environmental impacts.

EPA Floats Rule Narrowing State, Tribal CWA Pipeline Reviews

LAW360 (Native feed) - August 9, 2019 - 3:15pm
The U.S. Environmental Protection Agency on Friday proposed a rule that would drastically reduce states' and tribes' authority to block projects like pipelines, export terminals and dams over water concerns, and would give federal agencies significant new authority to hurry projects along.

Landowners Fight DOI, Okla. Tribes' Bid To Nix Mussels Suit

LAW360 (Native feed) - August 9, 2019 - 2:51pm
A nonprofit Oklahoma group and its landowner members urged a federal judge on Thursday not to toss their suit claiming Oklahoma City's plan to redirect water from a state river would jeopardize endangered mussels species, saying they have standing to bring the suit under the Endangered Species Act.

Alaska Tribe Says Politics Swayed Gaming Land Ruling

LAW360 (Native feed) - August 9, 2019 - 1:38pm
The Native Village of Eklutna has hit the U.S. Department of the Interior with a suit in D.C. federal court, alleging the DOI was illegally influenced by Alaska’s congressional representatives when it refused to approve the tribe’s lease for gaming purposes on land belonging to several of its members.

EPA Surpassing Trump's 2-For-1 Deregulatory Goals

LAW360 (Native feed) - August 9, 2019 - 12:08pm
The U.S. Environmental Protection Agency has far exceeded the Trump administration's goal of eliminating two regulations for every one that's created, rolling back 26 rules and promulgating only three in the past two years, the EPA's Office of Inspector General said Friday.

BREAKING: Tribes Win DC Circ. Ruling Against FCC On Small Cell Builds

LAW360 (Native feed) - August 9, 2019 - 7:56am
The D.C Circuit Friday handed Native American tribes a key victory over the Federal Communications Commission by ruling that the commission did not sufficiently justify an order allowing telecom providers to deploy 5G small-cell infrastructure at heritage sites without consulting tribes or undergoing historic preservation and environmental reviews.

What We Know About Opioid MDL Settlement Talks

LAW360 (Native feed) - August 8, 2019 - 6:04pm
Twenty months after the kickoff of multidistrict opioid litigation, lawyers close to the historic legal showdown say settlement talks are nowhere near the end zone. But they may be poised for a shot of adrenaline from a looming trial date and a novel "negotiation class" plan.

Ex-Tribal Court Judge Pleads Guilty To Drug Charges

LAW360 (Native feed) - August 8, 2019 - 4:16pm
A former Wind River Tribal Court judge has pled guilty to two felony drug charges, according to Wyoming federal court records.

ND Must Face Challenge To Voter Address Law, Tribes Say

LAW360 (Native feed) - August 8, 2019 - 3:06pm
Two Native American tribes and several individuals are fighting an official’s bid to toss litigation challenging a North Dakota law that requires proof of a residential address to vote, arguing that voters living at or near reservations in the state face an “undue burden.”

Tribe Member Gets 3 Years' Probation In Casino Theft Case

LAW360 (Native feed) - August 8, 2019 - 2:09pm
A former Winnebago Tribal Council member has been sentenced to three years of probation in Nebraska federal court for failing to inform law enforcement that other tribal council members were stealing from the tribe's casino by receiving and distributing unapproved gift certificates and prepaid debit cards.

Exxon Denied 'Fishing Expedition' In NY Climate Case

LAW360 (Native feed) - August 8, 2019 - 9:59am
A New York state judge on Thursday rejected Exxon Mobil’s request to subpoena documents from witnesses who are expected to be deposed before a closely watched climate change trial brought by the state's attorney general and scheduled for October.

Clients Benefit From Law Firm Expense Growth

LAW360 (Native feed) - August 8, 2019 - 9:41am
Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

Enviros Push To Pursue Suit During Tribe's 9th Circ. Appeal

LAW360 (Native feed) - August 7, 2019 - 7:14pm
Environmental groups asked a federal court to deny a California city’s bid to stay their lawsuit over a tribe's failed casino project, saying the city should not be allowed to begin a costly new development plan on the same land. 

9th Circ. Says Calif. Tribe Can't Force Federal Recognition

LAW360 (Native feed) - August 7, 2019 - 5:13pm
The Agua Caliente Tribe of Cupeño Indians did not follow the available administrative processes when seeking federal recognition, a Ninth Circuit panel ruled Wednesday, affirming a lower court’s determination that the tribe could not force the Bureau of Indian Affairs to add it to the list of recognized tribes.

Enviros Sue Feds Again Over Land Swap In Alaskan Refuge

LAW360 (Native feed) - August 7, 2019 - 4:25pm
Environmental groups again sued the Trump administration in Alaska federal court to stop a land-exchange deal with an isolated Aleutian community to construct a road through a national wildlife refuge, saying Wednesday a federal judge threw out a similar proposal in March.

MGM Sues DOI Over Approvals For Tribes' Casino Plans

LAW360 (Native feed) - August 7, 2019 - 4:22pm
MGM’s casino development arm hit the U.S. Department of the Interior with a suit in D.C. federal court Wednesday, claiming the DOI’s approval of changes to the Mohegan and Mashantucket Pequot tribes’ gaming agreements with Connecticut violated federal law by giving the tribes an unfair edge in casino competition.

EPA-State Partnership Memo Signals Focused Enforcement

LAW360 (Native feed) - August 7, 2019 - 11:29am
The U.S. Environmental Protection Agency recently issued a memorandum on its enforcement and compliance work with states. While the memo has been touted as providing a greater role for the states, it could actually result in more active EPA input on state-led enforcement matters, says Bernard Hawkins of Nelson Mullins.

8 Charged With Swiping $5M From Fla. Tribe's Casino

LAW360 (Native feed) - August 7, 2019 - 11:25am
Federal and tribal authorities announced charges Wednesday in Florida federal court against eight people accused of embezzling more than $5 million in cash from the Miccosukee Resort & Gaming casino near Miami by tampering with its electronic gambling machines.

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