LAW & TREATY RIGHTS

9th Circ. Brings Back Calif. Tribe's Claims In Fishing Suit

LAW360 (Native feed) - December 13, 2019 - 12:40pm
The Ninth Circuit on Thursday revived the Yurok Tribe’s claims that a Resighini Rancheria member illegally fished in an area of the Klamath River reserved for the Yurok, saying he wasn’t shielded from the suit by his tribe’s sovereign immunity.

Watchdog Says BLM Silence Can Lead To Unpermitted Drilling

LAW360 (Native feed) - December 13, 2019 - 11:37am
The U.S. Department of the Interior's watchdog has said that oil and gas producers sometimes drill on federal lands without the proper permit because the federal government doesn't respond to a certain type of drilling plan that it doesn't see as its responsibility.

9th Circ. Won't Rethink Enviros' Suit Over Navajo Coal Plant

LAW360 (Native feed) - December 12, 2019 - 2:04pm
The Ninth Circuit on Wednesday rejected green groups' bid to revive their challenge to the U.S. Department of the Interior's approval for the continued operation of a coal-fired plant on Navajo land, leaving in place a panel's ruling that the tribe's sovereign immunity blocked the suit.

Mass. Residents Tell 1st Circ. Land Trust Bid Rightly Blocked

LAW360 (Native feed) - December 12, 2019 - 1:52pm
Residents of a Massachusetts city pressed the First Circuit on Wednesday to affirm a federal judge's ruling that found the U.S. Department of the Interior lacked authority to take land into trust for a Mashpee Wampanoag Indian Tribe casino project.

9th Circ. Affirms Suit Over Tribal Remains Rightly Nixed

LAW360 (Native feed) - December 12, 2019 - 1:40pm
A Ninth Circuit panel on Wednesday affirmed a lower court’s dismissal of a suit brought against federal officials and others by former Jamul Indian Village leaders who said the construction of the tribe's San Diego-area casino led to their disinterment of their ancestors’ remains.

HUD To Award Nearly $200M In Affordable Housing For Tribes

LAW360 (Native feed) - December 12, 2019 - 1:04pm
The U.S. Department of Housing and Urban Development has announced it will give about $200 million in affordable housing grants to 52 Native American tribes around the nation for new construction, property rehabilitation and infrastructure projects.

Mich. Legislators OK Legalizing, Taxing Sports Betting

LAW360 (Native feed) - December 12, 2019 - 11:32am
Michigan would legalize sports betting and impose a new tax on betting operators’ adjusted gross receipts, as well as a municipal service fee for casinos offering sports betting, under a bill that the state Legislature has passed.

Lenders Urge Justices To Review Payday Loan Ruling

LAW360 (Native feed) - December 11, 2019 - 3:33pm
Two companies that provided funding for a tribe-linked lender accused of charging exorbitant interest rates have pressed the U.S. Supreme Court to take up their challenge to a Second Circuit ruling that found arbitration clauses in the loan agreements unenforceable.

Casinos Court Okla. Gov. As Tribe-State Gaming Talks Falter

LAW360 (Native feed) - December 11, 2019 - 2:53pm
Rebuffing tribal casino operators, Oklahoma's governor Wednesday raised the possibility of introducing commercial casino gambling to the state as a fight with tribes over for a bigger share of gambling revenue intensifies.

Wash. LNG Project Wins Approval Over Enviros' Protests

LAW360 (Native feed) - December 11, 2019 - 1:25pm
Regulators in Washington state have approved a construction permit for Puget Sound Energy's $310 million liquefied natural gas project in Tacoma, but environmental groups continue to voice opposition to the project and have promised to fight it on appeal.

Second Judge Slams Trump’s Bid To Divert $3.6B For Wall

LAW360 (Native feed) - December 11, 2019 - 1:11pm
 A California federal judge on Wednesday blocked the Trump administration from using $3.6 billion in military construction funds to build a wall along the U.S.-Mexico border, but gave the government time to appeal before the order goes into effect.

EPA Says It Can't Be Sued For Nixing Pebble Mine Restrictions

LAW360 (Native feed) - December 11, 2019 - 12:44pm
The U.S. Environmental Protection Agency on Tuesday asked an Alaska federal judge to dismiss lawsuits filed by Native American and green groups that say the EPA arbitrarily withdrew proposed restrictions on a massive gold and copper mining project.

Strategies To Maintain Privilege In Crisis Response Scenarios

LAW360 (Native feed) - December 11, 2019 - 12:14pm
In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

Oklahoma governor threatens tribes with non-Indian gaming

INDIANZ.COM (gaming) - December 11, 2019 - 10:34am
Gov. Kevin Stitt (R), a citizen of the Cherokee Nation, is threatening to bring non-Indian casinos to Oklahoma if tribes don't agree to his demands.

Minn. Says Oil Pipeline Poses Scant Risk To Lake Superior

LAW360 (Native feed) - December 10, 2019 - 3:22pm
Minnesota's Commerce Department said Monday that there is little risk of oil reaching Lake Superior in the event of a spill from Enbridge Energy LP’s proposed Line 3 pipeline replacement project, after a state court had ordered Minnesota to take a closer look at that possibility.

Conn., Tribes Say They Can Seek End To MGM Casino Suit

LAW360 (Native feed) - December 10, 2019 - 2:29pm
The state of Connecticut, the Mohegan Tribe of Indians of Connecticut and the Mashantucket Pequot Tribe slammed MGM Resorts for opposing their bid to intervene in the resort giant's suit against the federal government, telling a D.C. federal judge on Tuesday that MGM's opposition is "meritless."

House OKs Bill To Protect Native American Languages

LAW360 (Native feed) - December 10, 2019 - 12:58pm
The U.S. House of Representatives has passed a bill that aims to preserve Native American languages by funding educational programs and reducing classroom size requirements for them.

Texas Slams Tribe’s Supreme Court Bid In Bingo Block Case

LAW360 (Native feed) - December 10, 2019 - 11:48am
Texas has asked the U.S. Supreme Court not to take up a challenge by a Native American tribe to a Fifth Circuit decision affirming that state law bars it from offering bingo, saying the tribe agreed long ago to seek no gambling whatsoever on its lands.

States Demand Purdue Fight Opioid Crisis With 9-Point Plan

LAW360 (Native feed) - December 10, 2019 - 8:26am
Two dozen states opposed to Purdue Pharma's opioid crisis settlement are asking the bankrupt OxyContin maker to take nine actions to reduce the number of overdose deaths nationwide, saying that in the first half of 2019 alone in Massachusetts, more than two patients prescribed the drug died from overdoses each week.

High Court Urged To Restore Permit For $7B Gas Pipeline

LAW360 (Native feed) - December 9, 2019 - 3:28pm
A slew of industry groups on Monday asked the U.S. Supreme Court to reverse the Fourth Circuit's invalidation of the U.S. Forest Service's approval of the $7 billion Atlantic Coast gas pipeline, arguing the court exceeded its authority.

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