LAW & TREATY RIGHTS

Senate Panel OKs $35.8B Bill For DOI, EPA, Tribal Programs

LAW360 (Native feed) - September 24, 2019 - 6:11pm
A Senate Appropriations subcommittee largely spurned budget cuts proposed by the Trump administration Tuesday by approving a $35.8 billion bill to fund agencies that include the U.S. Interior Department, the Environmental Protection Agency and the Indian Health Service.

Alaska Logging Project Halted For Environmental Review

LAW360 (Native feed) - September 24, 2019 - 5:49pm
An Alaska federal judge put on hold a 42,500-acre logging project in the Tongass National Forest while she reviews claims the U.S. Forest Service inadequately reviewed the project's environmental impacts.

Wisconsin, Native Groups Back Tribe In Village Permit Dispute

LAW360 (Native feed) - September 24, 2019 - 3:17pm
Wisconsin and two Native American groups have filed new briefs to support the Oneida Nation in its Seventh Circuit appeal of a ruling that compels it to get a village's permission to stage an apple festival.

Tribe Prez Not Immune From Payday Loan Suit, Borrowers Say

LAW360 (Native feed) - September 24, 2019 - 2:13pm
A borrower who claims he was ripped off by interest rates surpassing 600% argued in federal court that the tribal leader he accuses of making illegal loans can't claim immunity from a class action lawsuit.

Judging A Book: Jackson On 'When Should Law Forgive?'

LAW360 (Native feed) - September 24, 2019 - 12:41pm
Readers of Martha Minow's new book "When Should Law Forgive?" will be exposed to a refreshingly robust vision of justice that transcends myopic perspectives of wrongdoing and punishment, says U.S. District Judge Ketanji Brown Jackson of the District of Columbia.

Drilling Co. Urges Court Not To Block Mancos Shale Fracking

LAW360 (Native feed) - September 23, 2019 - 4:58pm
An oil and gas drilling company urged a New Mexico federal court on Friday to reject environmental groups' bid to block fracking for oil and gas wells in the Mancos Shale, saying that the company’s technology prevents environmental harm and that an injunction would cost the company and Navajo landowners millions of dollars.

9th Circ. Backs BIA Green Light Of Wind Farm Construction

LAW360 (Native feed) - September 23, 2019 - 3:37pm
The Ninth Circuit on Monday upheld the Bureau of Indian Affairs' approval of the second phase of a California wind farm, saying the agency properly considered the project's potential to harm eagles before greenlighting a lease between the project developer and a California tribe.

Enviros Say Colo. Mine Expansion Suit Not Barred

LAW360 (Native feed) - September 23, 2019 - 3:22pm
Environmental groups challenging the planned expansion of Arch Coal's mine in western Colorado have told a federal court that, contrary to arguments put forward by the federal government, their bid to block the project is not precluded by prior litigation.

FCC's Spectrum Giveaway Will Be A Boon For Tribes, Pai Says

LAW360 (Native feed) - September 23, 2019 - 2:48pm
The Federal Communications Commission has recently taken important steps toward making internet available on Native American lands, FCC Chairman Ajit Pai said Monday, touting an upcoming spectrum giveaway intended to help tribes get connected.

Pursuing Wellness: Steps Toward A Supportive Firm Culture

LAW360 (Native feed) - September 23, 2019 - 2:02pm
As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

8th Circ. Urged To Revisit Nix Of SD Tribe's Casino Tax Protest

LAW360 (Native feed) - September 23, 2019 - 1:28pm
An Eighth Circuit decision allowing South Dakota’s contractor excise tax to be levied on work performed on a tribal casino was an unprecedented contradiction of congressional intent and must be revisited, the casino’s tribal owner has urged the court.

Maui County Votes To Settle High Court Clean Water Act Case

LAW360 (Native feed) - September 23, 2019 - 12:41pm
The Maui County Council has voted to settle an important Clean Water Act case scheduled for oral arguments in November before the U.S. Supreme Court, potentially yanking from the docket a highly anticipated fight over whether the law covers pollution that travels through groundwater.

FERC's Lone Dem Warns Of Climate Whitewashing On Orders

LAW360 (Native feed) - September 20, 2019 - 4:09pm
The lone Democrat serving on the Federal Energy Regulatory Commission suggested Thursday the agency is writing climate change out of its gas infrastructure project decisions, with the commission split along party lines in approving a Colorado gas pipeline and Florida liquefied natural gas project.

J&J's Litigation Bravado In Sharp Relief After Epic Opioid Trial

LAW360 (Native feed) - September 20, 2019 - 3:23pm
Johnson & Johnson's decision this year to risk a $17 billion penalty in the nation's first opioid-crisis trial added one of the most dramatic chapters yet to the company's increasingly remarkable willingness to spurn settlements and litigate financially perilous cases all the way.

FHWA Looks To Nix Tribe's Suit Over RI Bridge Project

LAW360 (Native feed) - September 20, 2019 - 3:14pm
The Federal Highway Administration pressed a Rhode Island federal court Friday to toss the Narragansett Indian Tribe's $30 million suit over a highway construction project, saying the agency hasn't made a final decision about the cultural impacts of the plan that can be challenged in court.

DOI Can't Stop Utah Oil Lease Challenge, Enviros Say

LAW360 (Native feed) - September 20, 2019 - 2:23pm
Environmental groups said the U.S. Department of the Interior can't rid itself of a consolidated challenge to dozens of oil and gas leases even after it decided to reexamine their environmental impacts, arguing the suit targets more than what the DOI is addressing.

Ga. Borrowers Drop Suit Against Tribe-Linked Online Lender

LAW360 (Native feed) - September 20, 2019 - 1:22pm
A Georgia federal court on Friday terminated a proposed class action claiming an online lending company was trying to evade lending and racketeering laws by exploiting a Michigan-based tribe's sovereign immunity, a day after the plaintiffs said they wanted to drop the case.

Pursuing Wellness: Mental Health Education As A Firm Priority

LAW360 (Native feed) - September 20, 2019 - 1:11pm
Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

Wis. Tribe's Reservation Wasn't Shrunk, Feds Tell 7th Circ.

LAW360 (Native feed) - September 20, 2019 - 1:09pm
The federal government offered its support Thursday to the Oneida Nation as the tribe fights to reverse a determination that its reservation was diminished in size, telling the Seventh Circuit that U.S. Supreme Court precedent shows allotments of tribal land do not shrink reservations. 

Jury's Task In Ohio Opioid MDL Trial Divides Drug Cos.

LAW360 (Native feed) - September 19, 2019 - 7:17pm
Drug companies involved in multidistrict opioid litigation voiced divergent views in Ohio federal court Thursday on the jury's role in a looming bellwether trial, a question with significant implications for a potential multibillion-dollar remedy.

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