LAW & TREATY RIGHTS

Promoting Lawyer Well-Being Is More Essential Than Ever

LAW360 (Native feed) - May 6, 2020 - 10:54am
As the COVID-19 pandemic profoundly tests the overall well-being of lawyers, firms with behavioral health programs can leverage or adapt many existing resources to respond to the crisis, while firms without formal programs can find little ways to make a big difference, says Krista Larson, director of employee well-being at Morgan Lewis.

Treasury To Send Tribes $4.8B Chunk Of COVID-19 Funding

LAW360 (Native feed) - May 5, 2020 - 6:33pm
The Treasury Department said Tuesday that it would start paying out $4.8 billion of a total $8 billion in funding for tribes fighting the COVID-19 pandemic, but said it will reserve a portion of that money it believes should go to Alaska Native Corporations.

Tribe Spars With DOI Over Quiet Rule Swap In Land Trust Suit

LAW360 (Native feed) - May 5, 2020 - 6:02pm
A Massachusetts tribe told a D.C. federal judge that a federal agency's recent withdrawal of an opinion supporting its defense in a dispute over a planned casino is grounds for blocking the agency's plans to take the tribe's land out of trust.

Developers, Tribe Spar Over Feds' Role In Mineral Rights Row

LAW360 (Native feed) - May 5, 2020 - 4:48pm
The developers of a wind farm project and the Osage Nation's mineral lease negotiator have filed dueling bids over whether an Oklahoma federal court was right to exclude the government from a long-running mineral lease dispute revived by the Tenth Circuit and left untouched by the U.S. Supreme Court. 

Navajo Nation Says DOI Can't Dodge Casino Road Suit

LAW360 (Native feed) - May 5, 2020 - 4:45pm
The Navajo Nation has urged an Arizona federal judge not to toss its suit claiming the U.S. Department of the Interior failed to give the tribe enough opportunity to challenge an agency decision to take land into trust for the Hopi Tribe that affected rights to a Navajo casino road.

States, Tribe Say Coal Lease Ban Review Isn't Good Enough

LAW360 (Native feed) - May 5, 2020 - 4:25pm
States, environmental groups and a Native American tribe on Tuesday told a Montana federal judge that the U.S. Department of the Interior's final environmental review for the Trump administration's bid to lift an Obama-era coal leasing moratorium doesn't pass legal muster.

States Fight Feds' Weakening Of Migratory Bird Protections

LAW360 (Native feed) - May 5, 2020 - 2:35pm
New York and a coalition of states are arguing that the Trump administration shouldn't be able to depart from decades of policy prohibiting the incidental killing of migratory birds by depriving words in the Migratory Bird Treaty Act of their full meaning.

NM Extends Lockdown Of Navajo Supply Hub To Curb Virus

LAW360 (Native feed) - May 5, 2020 - 2:09pm
An emergency order closing all roads into the New Mexico city of Gallup to curb the spread of the coronavirus has won praise from Navajos in the region, even as families face a new challenge without access to a neighboring hub for food and supplies like propane and hay.

Remote Depositions Bring Ethics Considerations For Lawyers

LAW360 (Native feed) - May 5, 2020 - 12:49pm
Utilizing virtual litigation technologies and participating in remote depositions require attorneys to beware of inadvertently violating their ethical obligations, including the principal duty to provide competent representation, say attorneys at Troutman Sanders.

Trump Admin. Defends Pulling $3.8B For Border Wall Build

LAW360 (Native feed) - May 4, 2020 - 5:36pm
The Trump administration has urged a California federal judge to greenlight its decision to pull another $3.8 billion in defense funds to finance construction of a wall along the southwest border, after environmental groups challenged this latest funding diversion.

Cherokee Nation Wants In On Land Transfer Suit

LAW360 (Native feed) - May 4, 2020 - 4:28pm
The Cherokee Nation has asked a D.C. federal court to let it intervene in a suit a related tribe brought against the U.S. Department of the Interior over the transfer of land into trust for a rival tribe's planned casino, saying it must protect its treaty territory.

DOI Urges High Court To Pass On Cherokee Land Trust Suit

LAW360 (Native feed) - May 4, 2020 - 2:20pm
The federal government has urged the U.S. Supreme Court not to undo a Tenth Circuit ruling that the U.S. Department of the Interior can take a parcel of land on the Cherokee Nation's former reservation into trust for a separate Cherokee tribe in Oklahoma.

Balancing Test Needs Clarity, Justices Told In Tribal Tax Row

LAW360 (Native feed) - May 4, 2020 - 12:54pm
A test determining when state taxation of tribal activities is preempted is inconsistent, South Dakota told the U.S. Supreme Court, asking justices to clarify the test in its bid to tax nonmember spending at a Native American casino.

Colo. Oil And Gas Well Owners Can't Ditch Pollution Claims

LAW360 (Native feed) - May 4, 2020 - 12:18pm
A Colorado federal judge has refused to throw out WildEarth Guardians' claims that seven oil and gas companies violated the Clean Air Act by releasing emissions from Denver-area wells without first receiving the proper permits.

Early Pandemic-Related Shifts We're Seeing In Legal Finance

LAW360 (Native feed) - May 4, 2020 - 12:04pm
As law firms chart their paths forward during these unsettled times, litigation funders are already observing changes in the types of products firms are seeking, such as an increase in one-off case funding requests, says Eric Blinderman at Therium.

Tribes Demand Treasury Immediately Send COVID-19 Funds

LAW360 (Native feed) - May 4, 2020 - 11:41am
U.S. Treasury Department Secretary Steven Mnuchin must immediately disperse $8 billion in coronavirus relief funding promised to tribes or risk imposing irreparable harm, eight tribes said in papers submitted in D.C. federal court.

The Death Of The LSAT

LAW360 (Native feed) - May 4, 2020 - 9:38am
Over the last year, the LSAT has been anything but unflappable — it has not been the objective, standardized law school entrance exam it's supposed to be, say soon-to-be law student Elliot Fuchs and attorney Saul Bienenfeld.

Judge 'Shocked' DOI Didn't Flag Rule Swap In Tribe Land Suit

LAW360 (Native feed) - May 1, 2020 - 5:24pm
A D.C. federal judge lambasted the U.S. Department of the Interior on Friday for quietly withdrawing the very opinion that the agency relied on in its defense of its plans to disallow a casino on Mashpee Wampanoag Tribe reservation land, and for failing to mention that withdrawal in the tribe's suit over the issue.

States Sue To Block New, Relaxed Federal Water Rule

LAW360 (Native feed) - May 1, 2020 - 3:09pm
Seventeen states asked a California federal judge Friday to strike down the Trump administration's new rule narrowing the scope of the Clean Water Act's jurisdiction, saying it illegally excludes waters long considered to be protected by the law.

Tribes Ask FCC To Extend Spectrum Application Window

LAW360 (Native feed) - May 1, 2020 - 3:04pm
Native American tribal governments stretched thin by the impact of the coronavirus outbreak have called on the Federal Communications Commission to give them more time to vie for valuable spectrum licenses.

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