LAW & TREATY RIGHTS

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.

Changing Ethics Rules Is Key To Law Firm Innovation

LAW360 (Native feed) - August 7, 2019 - 11:23am
As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

Non-Indian gaming company sues Trump administration over tribal agreements

INDIANZ.COM (gaming) - August 7, 2019 - 5:35am
A non-Indian company is still trying to derail the Mashantucket Pequot Tribal Nation and the Mohegan Tribe.

Eight accused of stealing more than $5 million from Miccosukee Tribe

INDIANZ.COM (gaming) - August 7, 2019 - 4:20am
Federal authorities announced charges against eight people accused of stealing more than $5 million in cash from the casino owned by the Miccosukee Tribe.

Former leader of Winnebago Tribe sentenced in last of gaming theft cases

INDIANZ.COM (gaming) - August 7, 2019 - 3:55am
A scandal that hit the Winnebago Tribe is finally over.

Referee Clears Miami Atty In Report Slamming Florida Bar

LAW360 (Native feed) - August 6, 2019 - 5:36pm
A referee recommended Monday that a Miami attorney be found not guilty of ethics violations in a report that is highly critical of the Florida's Bar's case alleging the lawyer pursued baseless litigation regarding the Miccosukee Tribe of Indians' role in paying legal fees in a wrongful death case.

Tribal Court Can't Hear Gas Flaring Suits, 8th Circ. Says

LAW360 (Native feed) - August 6, 2019 - 3:29pm
The Eighth Circuit has upheld a decision blocking the Three Affiliated Tribes’ court from handling tribe members' suits seeking royalties for the flaring of natural gas from oil wells on reservation lands, saying those claims arise under federal law and can’t be heard in tribal court.

Enviros Seek To Block Border Wall In Ariz. Wilderness Areas

LAW360 (Native feed) - August 6, 2019 - 3:18pm
Green groups asked a D.C. federal judge on Tuesday to halt construction of the Trump administration's border wall in three Arizona wilderness areas, saying the barrier will irreversibly harm endangered species and ruin pristine habitat on both sides of the border.

Energy Background An Asset, New EPA Regional Head Says

LAW360 (Native feed) - August 6, 2019 - 3:09pm
The newly appointed head of the U.S. Environmental Protection Agency region that includes Texas, Oklahoma and other energy-producing states told Law360 Tuesday that he'll draw on his experience in the energy industry to help the agency enhance economic growth.

BP Wants In On BLM Fracking Permits Challenge

LAW360 (Native feed) - August 6, 2019 - 1:44pm
A BP subsidiary and an energy company have asked a New Mexico federal court to let them intervene in a challenge from environmental groups to the Bureau of Land Management's approval of more than 250 oil and gas drilling permits in New Mexico's Mancos Shale.

National Coordinating Counsel: Key To Virtual Mass Tort Team

LAW360 (Native feed) - August 6, 2019 - 12:56pm
The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

Opioid MDL Judge Signals Support For 'Negotiation Class'

LAW360 (Native feed) - August 6, 2019 - 8:08am
An Ohio federal judge on Tuesday appeared likely to approve provocative plans to broker settlements in the multidistrict opioid litigation by using a first-of-its-kind "negotiation class" potentially consisting of every city and county in the U.S.

Timetable For Opioid MDL Trial 'Entirely Untenable': Drug Cos.

LAW360 (Native feed) - August 5, 2019 - 7:19pm
Drug companies in the multidistrict opioid litigation on Monday lambasted the seven-week timeline for the first bellwether trial, deeming it "entirely untenable" and an affront to due process in the sprawling case.

States Decry EPA's 'Attack' On Impartial Science At 1st Circ.

LAW360 (Native feed) - August 5, 2019 - 5:09pm
Ten states and the District of Columbia joined a First Circuit fight to revive a lawsuit over the U.S. Environmental Protection Agency's 2017 "purge" of grant-funded scientists from the agency's advisory committees, calling the move on Friday "an attack against independent science."

Feds Say No More NEPA Review For Yellowstone Bison

LAW360 (Native feed) - August 5, 2019 - 4:04pm
The federal government urged the Ninth Circuit on Friday to uphold a lower court decision tossing a conservation group’s bid for further environmental review of bison management near Yellowstone National Park, saying the group is challenging state and tribal regulation that isn't covered by the federal law at issue.

New Bill Would Expand Health Care Access For Native Vets

LAW360 (Native feed) - August 5, 2019 - 3:38pm
Legislation introduced by U.S. Rep. Ro Khanna, D-Calif., and Sen. Tom Udall, D-N.M., on Friday would allow Native American veterans to have the health services they use at urban Indian health centers covered by the Department of Veterans Affairs.

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