LAW & TREATY RIGHTS

Ore. High Court Won't Ease Dredge Mining Permit Process

LAW360 (Native feed) - July 25, 2019 - 3:40pm
Oregon gold miners must continue to navigate a rigorous Clean Water Act permitting process for suction dredge mining after the state high court on Thursday rejected their argument that a less intensive process administered by the Army Corps of Engineers is more appropriate.

BLM Seeks To Ax Tribe's Suit Over Geothermal Leases

LAW360 (Native feed) - July 25, 2019 - 3:06pm
The U.S. Department of the Interior urged a California federal court to toss a tribe's suit accusing the agency of improperly allowing Calpine Corp. to continue to hold geothermal leases on land sacred to the tribe, despite regulations mandating their termination.

BIA Not On Hook In Tribal Lease Suit, Fed. Circ. Affirms

LAW360 (Native feed) - July 25, 2019 - 1:20pm
The Federal Circuit has upheld a lower court's toss of a $1.5 million suit against the federal government over canceled farming leases on a South Dakota tribal reservation, ruling the Bureau of Indian Affairs' handling of the leases didn't waive its immunity to the suit.

Banc Of Calif. Ex-CEO Hits Fraudster Galanis With $65M Suit

LAW360 (Native feed) - July 25, 2019 - 12:47pm
The former CEO of the Banc of California filed a $65 million racketeering lawsuit on Wednesday claiming that his businesses and reputation have suffered from a smear campaign led by convicted fraudster Jason Galanis.

Bill John Baker: Tribal governments ensure Oklahoma’s success

INDIANZ.COM (gaming) - July 25, 2019 - 11:14am
Decades before statehood, tribes built Oklahoma’s first modern infrastructure and institutions.

RECAP: National Indian Gaming Commission nominee outlines vision in Trump era

INDIANZ.COM (gaming) - July 25, 2019 - 8:05am
National Indian Gaming Commission nominee Sequoyah Simermeyer sidestepped two major issues at a sparsely-attended confirmation hearing on Capitol Hill.

5 Hard Phrases Lawyers Should Master

LAW360 (Native feed) - July 25, 2019 - 6:46am
While Kelly Corrigan's popular book, "Tell Me More: Stories About the 12 Hardest Things I’m Learning to Say," focuses on simple words or phrases that individuals can use to improve their personal lives, attorneys can utilize Corrigan's advice for professional benefit, says Karen Ross of Tucker Ellis.

New Bill Aims To Protect Native American Seeds And Foods

LAW360 (Native feed) - July 24, 2019 - 4:27pm
A bipartisan group of lawmakers led by Rep. Ben Ray Luján, D-N.M., and Sen. Martin Heinrich, D-N.M., has introduced legislation aimed at safeguarding Native American seeds and traditional foods to ensure their survival.

EPA's New FOIA Policy Draws Fire From All Corners

LAW360 (Native feed) - July 24, 2019 - 4:13pm
The U.S. Environmental Protection Agency's revisions to its Freedom of Information Act policy have drawn sharp criticism from a bipartisan group of senators and two lawsuits aiming to block the rule change, which they say lets the EPA politicize the process by which the public obtains agency information.  

Pa. AG, Bankrupt Fintech Firm Settle Payday Lending Suit

LAW360 (Native feed) - July 24, 2019 - 4:10pm
A financial technology firm that defended itself from lawsuits behind the sovereign immunity of Native American tribal affiliates has reached a multimillion-dollar settlement with the Pennsylvania Attorney General’s Office over allegedly illegal payday loans, the state announced Wednesday.

Cherokee Nation Health Services Names New General Counsel

LAW360 (Native feed) - July 24, 2019 - 3:57pm
The executive director of the Indian Child Welfare Act office for the Cherokee Nation in Oklahoma has been tapped to serve as general counsel of Cherokee Nation Health Services, one of the largest tribally operated health systems in the United States, the tribe said.

Wis. Tribe Sues To Boot Enbridge Pipeline From Reservation

LAW360 (Native feed) - July 24, 2019 - 1:53pm
A Wisconsin tribe hit Enbridge Inc. with a suit in Wisconsin federal court Tuesday seeking to force a company pipeline off the tribe's reservation, claiming it poses an ever-worsening oil spill threat and that several easements the company needs have expired.

Tribes in Texas take a big step forward for their inherent sovereignty

INDIANZ.COM (gaming) - July 24, 2019 - 10:58am
A bill recognizing the inherent rights of two tribes in Texas is slated for passage in the U.S. House of Representatives.

SD Tribes Urge Supreme Court To Hear Child Welfare Case

LAW360 (Native feed) - July 23, 2019 - 5:23pm
Two tribes pressed the U.S. Supreme Court to review their challenge to South Dakota temporary custody proceedings involving Native American children, arguing Monday that the Eighth Circuit split with precedent by declining to address a “flagrantly unconstitutional” policy.

HUD Can't Confine Utah Tribe's Mortgage Biz, Judge Says

LAW360 (Native feed) - July 23, 2019 - 1:56pm
A Utah federal judge on Tuesday blocked the U.S. Department of Housing and Urban Development from enforcing a departmental directive that choked off a Utah tribe's down payment financing for federally insured mortgages.

EPA Must Ban Plastic Pollution At Petrochem Plants: Enviros

LAW360 (Native feed) - July 23, 2019 - 1:55pm
More than 250 environmental and community groups on Tuesday petitioned the U.S. Environmental Protection Agency to prohibit plants that turn fossil fuels into plastic products from discharging plastic materials like pellets into industrial stormwater and wastewater systems.

Feds Win Toss Of Hawaii Telecom Co.'s Claim In $129M Fight

LAW360 (Native feed) - July 23, 2019 - 1:23pm
A judge has tossed Hawaii-based telecom carrier Sandwich Isles Communications' counterclaims against the federal government for allegedly reducing services to Native Hawaiians, finding that the carrier defaulted on several federal loans totaling $129 million.

Tribe-Linked Lender Challenges Bid To Combine Usury Suits

LAW360 (Native feed) - July 23, 2019 - 1:15pm
Big Picture Loans LLC and several related defendants filed a flurry of motions Monday urging the Judicial Panel on Multidistrict Litigation not to combine nine lawsuits accusing the lender of using tribal sovereign legal status to charge high interest rates on online loans, arguing that precedent ensures they'll win the suits anyway.

Enviros Say EPA's 2015 Ozone Rule Full Of Enforcement Holes

LAW360 (Native feed) - July 23, 2019 - 12:29pm
Environmental groups on Monday asked the D.C. Circuit to strike down parts of the U.S. Environmental Protection Agency's rule instructing states how to implement the 2015 ozone standard, saying the measure is shot through with ways to avoid compliance.

DOI And Foes Duel Over Coal Moratorium Ruling

LAW360 (Native feed) - July 23, 2019 - 12:16pm
Challengers of a Trump administration move to lift an Obama-era coal leasing moratorium want a Montana federal judge to undo the policy change after he found it lacked an adequate environmental review, but the U.S. Department of the Interior is pleading for patience as it finalizes a replacement.

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