LAW & TREATY RIGHTS

EPA Supports Bid To Ditch Clean Power Plan Litigation

LAW360 (Native feed) - July 31, 2019 - 9:55am
The U.S. Environmental Protection Agency on Wednesday added its voice to a chorus calling for the D.C. Circuit to formally end litigation over an Obama-era power plant regulation that has been rescinded and replaced by the Trump administration.

Indian Health Service Names New Navajo Area Director

LAW360 (Native feed) - July 30, 2019 - 5:53pm
The Indian Health Service said it has tapped the former director of its Office of Direct Service and Contracting Tribes to serve as the director of the IHS' Navajo Area, overseeing the health care system for 244,000 American Indians in Arizona, New Mexico and Utah.

EPA Lifts Restrictions On Pebble Mine Project

LAW360 (Native feed) - July 30, 2019 - 5:51pm
The U.S. Environmental Protection Agency said Tuesday it is withdrawing proposed restrictions on a massive gold and copper mine project in Alaska's Bristol Bay watershed, removing a major obstacle to approval of the contested mine.

County Pushes Back At Mont. Tribes In Land Access Fight

LAW360 (Native feed) - July 30, 2019 - 5:10pm
County commissioners sued by a group of Montana tribes seeking to stop an RV resort owner's construction of access roads to her proposed development through tribal lands slammed their argument in federal court Monday that they have sovereign immunity, saying the tribes are trying to have it both ways.

Guam Voting Restrictions Are Race-Based, 9th Circ. Rules

LAW360 (Native feed) - July 30, 2019 - 4:52pm
The Ninth Circuit has upheld a Guam district court's ruling that a planned vote on the island's political standing was unconstitutionally race-based, drawing a distinction between Native Americans' legal identities and the "racial classification" used to determine voters under the Guam law.

Utah, NM Say EPA Contractor Can't Recoup Gold King Costs

LAW360 (Native feed) - July 30, 2019 - 3:42pm
Utah and New Mexico urged a federal court to toss counterclaims by a U.S. Environmental Protection Agency contractor in the multidistrict litigation over the 2015 Gold King Mine spill, saying the company is seeking payback for cleanup work it hasn't shown it has performed.

BLM's Plan For Bears Ears Faces Heat From Dems, Enviros

LAW360 (Native feed) - July 29, 2019 - 3:09pm
Democratic lawmakers and environmental groups slammed the U.S. Bureau of Land Management's proposed management plan for the Bears Ears National Monument, saying that the proposal will not protect the cultural resources of the monument that was greatly reduced in size by President Trump. 

Sovereign Immunity Covers Navajo Coal Plant, 9th Circ. Says

LAW360 (Native feed) - July 29, 2019 - 2:34pm
The Ninth Circuit on Monday said green groups can't challenge the federal government's approval of a coal-fired plant and mine to continue operating on Navajo land because the plant's owner is a tribal entity and has sovereign immunity status.

Feds Say They Consulted With Tribe On Okla. Drilling

LAW360 (Native feed) - July 29, 2019 - 2:32pm
The U.S. government has told an Oklahoma federal court that it didn't break the law when it issued oil and gas drilling permits on the Pawnee Nation of Oklahoma's land, claiming it properly considered environmental impacts and consulted with the tribe before approving the permits.

Tribes Say Trump Violated Treaties By OKing Keystone XL

LAW360 (Native feed) - July 29, 2019 - 2:21pm
The Rosebud Sioux Tribe and Fort Belknap Indian Community has urged a Montana federal judge not to toss their challenge to the Keystone XL oil pipeline, saying President Donald Trump's decision to issue a new permit for the TC Energy project illegally ignored the tribes' treaty rights.

Calif. Cities Look East In Bid To Keep Climate Suits Alive

LAW360 (Native feed) - July 29, 2019 - 12:59pm
San Francisco and other California local governments on Friday told the Ninth Circuit that Rhode Island's success in keeping its climate lawsuit against several energy companies in state court supports their efforts to keep their similar lawsuits out of federal court.

Senate panel moves quickly on Trump nominee for National Indian Gaming Commission

INDIANZ.COM (gaming) - July 29, 2019 - 10:03am
Sequoyah Simermeyer is well on his way to becoming the first Republican-chosen leader of the National Indian Gaming Commission in more than a decade.

Eastern Band of Cherokee Indians prepares to offer sports betting

INDIANZ.COM (gaming) - July 29, 2019 - 4:39am
The Eastern Band of Cherokee Indians is moving quickly in the wake of a new sports betting law in North Carolina.

Quapaw Nation announces groundbreaking for casino on ancestral territory

INDIANZ.COM (gaming) - July 29, 2019 - 3:39am
The Quapaw Nation plans to open a casino resort in Arkansas next spring but gaming machines will debut much sooner.

Law360 Reveals The Global 20 Firms Of 2019

LAW360 (Native feed) - July 28, 2019 - 6:03pm
What does it mean to be a global legal powerhouse? These firms have it figured out. Here, Law360 reveals its ninth annual ranking of the firms with the most international clout.

Mass. Tribe Loses Bid To Stay Casino Permit Ruling

LAW360 (Native feed) - July 26, 2019 - 4:53pm
A Massachusetts federal judge on Friday denied the Wampanoag Tribe of Gay Head's attempt to stay a ruling that requires the tribe to secure municipal permits to build a casino, refusing to suspend his judgment and injunction pending the tribe's First Circuit appeal.

Haaland-Sponsored Bill Targets Killings Of Native Women

LAW360 (Native feed) - July 26, 2019 - 4:40pm
U.S. Rep. Deb Haaland, one of the first Native American women to serve in Congress, has introduced another bill to address a crisis of missing and murdered indigenous women, this time by returning sovereign tribal authority to prosecute domestic crimes against Native women by non-tribal members in Indian Country.

Tribe, Feds Push 1st Circ. To Rethink Water Rights Ruling

LAW360 (Native feed) - July 26, 2019 - 2:19pm
The federal government and the Penobscot Indian Nation have urged the First Circuit to grant en banc review of a split decision that the tribe can’t lay claim to the waters of the Penobscot River in Maine, saying the dissenting judge on the panel got it right.

Online Lenders Don't Share Tribe's Immunity: Ca. Consumers

LAW360 (Native feed) - July 26, 2019 - 2:02pm
California consumers claiming two tribe-linked online lenders charged illegally high interest rates have urged a federal judge not to toss their proposed class action, saying the companies aren't entitled to share in the tribe's immunity despite a recent Fourth Circuit ruling that found they were shielded from a similar suit.

Don't Kill Clean Power Plan Case, Backers Tell DC Circ.

LAW360 (Native feed) - July 26, 2019 - 1:46pm
A coalition of states, cities, counties and environmentalists on Friday asked the D.C. Circuit to keep alive litigation over the Obama-era rule slashing greenhouse gas emissions from existing power plants, saying it would be premature to end it. 

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