LAW & TREATY RIGHTS

Calif. Tribe Says It's Immune To NC Loan Class Action

LAW360 (Native feed) - May 10, 2019 - 1:43pm
A California tribe and a lending company it owns urged a North Carolina federal court Thursday to toss a proposed class action claiming they charged interest rates for online loans that were too high under state law, saying they both have sovereign immunity to the suit.

Tribal Group's Permits Must Be Banned, 10th Circ. Told

LAW360 (Native feed) - May 10, 2019 - 1:07pm
The federal government urged the 10th Circuit to affirm a lower court's ruling that a group claiming Native American ancestry lacked the authority to grant hunting and fishing licenses for use on the Ute Indian Tribe's reservation, while also pushing for a permanent ban on the issuing of the permits.

Getting Out Of Legal Project Management Debt

LAW360 (Native feed) - May 10, 2019 - 10:51am
If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

DC Circ. Fails To Clear The Air On FERC's Climate Duties

LAW360 (Native feed) - May 9, 2019 - 5:26pm
The D.C. Circuit punted on whether the Federal Energy Regulatory Commission can legally scale back its climate change reviews of gas infrastructure projects, leaving an uneasy regulatory status quo as FERC commissioners remain stubbornly split over how climate impacts must factor into project approvals.

Maui Tells High Court To Reverse CWA Ruling Amid Deal Talks

LAW360 (Native feed) - May 9, 2019 - 5:07pm
Maui County, Hawaii, told the U.S. Supreme Court on Thursday that the federal government doesn't have authority under the Clean Water Act to regulate pollution sources that discharge contaminants into groundwater, and urged the justices to overturn a Ninth Circuit decision that held otherwise.

Tribal Officers Urge 2nd Circ. To Rethink Lending Decision

LAW360 (Native feed) - May 9, 2019 - 3:44pm
Officers of tribe-owned lending company Plain Green LLC urged the Second Circuit to reconsider its ruling that they don't have tribal immunity to a suit alleging they charged excessively high loan interest rates, saying that allowing state law claims against them marked an "unprecedented intrusion on tribal sovereignty."

Trump Tweet Forces Rethink On Delayed Tribal Bills

LAW360 (Native feed) - May 9, 2019 - 3:23pm
Democratic lawmakers are strategizing ways to pass two tribal bills in the U.S. House after a tweet by President Donald Trump sparked Republican opposition that forced the measures to be taken off the table.

Group Wants Pause During Lake Erie Law Intervention Appeal

LAW360 (Native feed) - May 9, 2019 - 1:19pm
The citizen group behind a Toledo, Ohio, law establishing an expansive "bill of rights" for Lake Erie urged a federal judge Wednesday to pause litigation challenging the measure while it appeals the denial of its intervention request, saying the Sixth Circuit will likely take its side.

4 Ways State AGs Are Targeting Energy Sector

LAW360 (Native feed) - May 9, 2019 - 11:32am
State attorneys general are playing an increasingly prominent role in regulating energy and environmental activity within their states. Energy sector participants should note AG priorities and take a proactive approach, say attorneys at WilmerHale.

6 Ways To Keep Your Jury From Zoning Out

LAW360 (Native feed) - May 9, 2019 - 8:32am
Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

Poarch Band of Creek Indians said to be on Trump's radar

INDIANZ.COM (gaming) - May 9, 2019 - 5:26am
Are the Poarch Band of Creek Indians the next target of President Trump and his terrifying tweets?

Spirit Lake Nation voters authorize sale of liquor at casino

INDIANZ.COM (gaming) - May 9, 2019 - 4:22am
Alcohol is coming to the Spirit Lake Casino and Resort in North Dakota.

BakerHostetler Fights 'Indefensible' DQ In Opioid MDL

LAW360 (Native feed) - May 8, 2019 - 5:45pm
BakerHostetler on Wednesday asked the Sixth Circuit to vacate an Ohio judge's decision to disqualify the firm from representing Endo Pharmaceuticals in two bellwether cases in the multidistrict opioid litigation, saying the decision will affect the entire MDL.

BLM Violated NEPA In Granting Fracking Permits: 10th Circ.

LAW360 (Native feed) - May 8, 2019 - 5:13pm
The Tenth Circuit has ruled that the Bureau of Land Management failed to weigh how much more water could be needed for new oil and gas wells from fracking in New Mexico’s Mancos Shale, sending a small number of drilling permits back to the agency for more environmental review.   

Tribes Get Partial Win On Dakota Access Record Request

LAW360 (Native feed) - May 8, 2019 - 4:54pm
A D.C. federal judge held Wednesday that there was some merit to a request from four tribes for more information regarding the U.S. Army Corps of Engineers' finding that the Dakota Access Pipeline won't significantly impact the environment, although much of the tribes' request was rejected.

NIGC Chair Joins Quarles & Brady In DC

LAW360 (Native feed) - May 8, 2019 - 4:26pm
The former chairman of the National Indian Gaming Commission will join Quarles & Brady LLP as chair of the firm's Indian law and policy group, while also taking on a new role as an ambassador for the Muscogee (Creek) Nation, the firm said Tuesday.

Calif. Enviro Authorities Move To Ban Unsafe Pesticide

LAW360 (Native feed) - May 8, 2019 - 4:00pm
California environmental authorities announced on Tuesday that they have decided to ban chlorpyrifos, a pesticide linked to negative health impacts that has been at the center of a federal lawsuit seeking to force the U.S. Environmental Protection Agency to also prohibit the product.

Coyote Valley Tribe announces minimum wage increase amid casino milestone

INDIANZ.COM (gaming) - May 8, 2019 - 5:55am
The Coyote Valley Tribe is celebrating 25 years in the Indian gaming industry with some big changes.

Mass. Town Says Tribe Wants Too Much In Casino Fight

LAW360 (Native feed) - May 7, 2019 - 4:33pm
The Wampanoag Tribe of Gay Head is asking a Massachusetts federal court for an overly broad order letting it open a casino that goes beyond a favorable First Circuit decision, a Martha’s Vineyard town has argued, claiming the tribe needs permits first.

High Court Urged To Reject Challenge To Wash. Tribe Excise Tax

LAW360 (Native feed) - May 7, 2019 - 2:45pm
Nontribal landowners on the Tulalip Reservation cannot challenge a tribal excise tax on real property transfers, the Tulalip Tribes of Washington recently told the U.S. Supreme Court, because the Ninth Circuit has said sovereign immunity barred the suit.

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