Warren Plan Would Put Tribes In Driver’s Seat On Policy

LAW360 (Native feed) - September 13, 2019 - 12:21pm
Sen. Elizabeth Warren’s ambitious legislative platform for Native Americans offers tribal leaders the chance to exert a more powerful influence inside the federal government and to shape federal policy to let tribal governments implement programs their way, experts say.

Meet The Attys Leading The Opioid MDL 'Negotiation Class'

LAW360 (Native feed) - September 13, 2019 - 11:27am
A team of six top attorneys will now be representing a novel “negotiation class" on behalf of cities and counties in the opioid multidistrict litigation with the hopes of hammering out a global settlement with opioid manufacturers and distributors accused of fueling the devastating epidemic. Here are the six negotiators and some of their biggest cases and notable achievements.

States Forge Ahead On Renewables, With Or Without The Feds

LAW360 (Native feed) - September 13, 2019 - 10:35am
Energy officials from California, Massachusetts and New York on Friday said the Trump administration has stifled progress in the renewable energy sector, but touted their own programs as models for other states and cities that want to move in that direction.

The Factors Courts Consider In Deposition Location Disputes

LAW360 (Native feed) - September 13, 2019 - 9:08am
In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

Purdue Bankruptcy May Leave State AGs Out In The Cold

LAW360 (Native feed) - September 12, 2019 - 5:45pm
Purdue Pharma LP's landmark deal to end thousands of opioid suits notably excludes dozens of states that may now have no other recourse than to sue the company's owners, the Sackler family. But if Purdue goes through with a planned bankruptcy filing, these states will find it difficult to recoup anything more than the Sacklers have already agreed to pay.

200 Affected In Gold King Spill May Get To Jump Line In MDL

LAW360 (Native feed) - September 12, 2019 - 4:52pm
Individual plaintiffs from New Mexico who have waited years to bring their damages claims against polluters in multidistrict litigation over Colorado's Gold King Mine spill may get their shot at a trial in August 2021, according to a recommendation filed Wednesday.

Enviros Say Costs Of Uranium Mine Not Properly Evaluated

LAW360 (Native feed) - September 12, 2019 - 3:51pm
A coalition of environmental groups has told an Arizona federal court that the U.S. Forest Service failed to sufficiently analyze the cost of a uranium mining project it approved near the Grand Canyon, saying certain key expenses were not considered when the agency found the project would be profitable.

11th Circ. Says EPA-Alabama Water Partnership Can Stand

LAW360 (Native feed) - September 12, 2019 - 2:21pm
The Eleventh Circuit said Thursday that the U.S. Environmental Protection Agency does not have to withdraw from a partnership with Alabama that allows the state to issue permits under the Clean Water Act even though environmental groups said Alabama’s program has sometimes strayed from federal law.

House Passes 3 Bills Banning Offshore, Alaska Drilling

LAW360 (Native feed) - September 12, 2019 - 10:55am
The U.S. House of Representatives voted to ban oil drilling off vast sections of the nation's coasts and in an environmentally sensitive part of Alaska, passing a trio of bills Wednesday and Thursday in a swipe at President Donald Trump's push to expand fossil fuel production.

What To Consider Before Filing For A Rule 57 Speedy Hearing

LAW360 (Native feed) - September 12, 2019 - 10:48am
Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

EPA, Corps Officially Sink Controversial Obama Water Rule

LAW360 (Native feed) - September 12, 2019 - 5:19am
The Trump Administration on Thursday will officially roll back the Obama administration's effort to clarify federal jurisdiction under the Clean Water Act, a move that will eliminate a regulatory patchwork and trigger vigorous litigation, a federal official said Thursday.

Enviros Slam Developers’ Move To End Condor Habitat Suit

LAW360 (Native feed) - September 11, 2019 - 4:14pm
Two environmental groups pushed back on developers' bid to dismiss the groups' suit over a resort project's alleged threat to endangered California condors, saying the suit was filed on time and that they have standing to pursue their claims.

6th Circ. Won't Reinstate DQ'd BakerHostetler In Opioid MDL

LAW360 (Native feed) - September 11, 2019 - 3:55pm
The Sixth Circuit has rejected a bid by two Endo units to order an Ohio federal court to vacate its order disqualifying a former U.S. attorney and her firm BakerHostetler from representing the companies in sprawling Ohio multidistrict litigation involving racketeering and corrupt practices charges against various opioid makers and distributors.

Tribe Backs DOI Against Rival Tribe's Bay Area Casino Plan

LAW360 (Native feed) - September 11, 2019 - 3:21pm
The Yocha Dehe Wintun Nation told a D.C. federal judge Tuesday that the federal government was right to reject the Scotts Valley Band of Pomo Indians' casino plan, saying the Band didn't have enough history connecting it to the proposed casino's Bay Area site.

RICO Claims Slashed In 'Cutthroat' Fight Between Tribal Firms

LAW360 (Native feed) - September 11, 2019 - 3:16pm
Tribal-focused law firm Williams & Cochrane LLP can't accuse a rival law firm and a former client of violating racketeering laws, a California federal judge ruled Tuesday, noting the market for tribal representation is "fierce and cutthroat" and that the fight had become "acrimonious."

Navajo Nation Can't Move Texas Child Welfare Case

LAW360 (Native feed) - September 11, 2019 - 2:16pm
A Texas appeals court on Tuesday affirmed a lower court's denial of the Navajo Nation's bid to transfer a child welfare proceeding to tribal court, agreeing that a transfer would inconvenience the parties and witnesses.

Enviros Target Minn. Mine's Impact On Wetlands In Suit

LAW360 (Native feed) - September 11, 2019 - 1:46pm
Environmental groups have challenged the U.S. Army Corps of Engineers' decision to give a Clean Water Act permit to a planned open-pit copper sulfide mine and plant in Minnesota, arguing efforts to protect wetlands were improperly changed at the last minute.

Opioid MDL 'Negotiation Class' Wins Approval

LAW360 (Native feed) - September 11, 2019 - 1:39pm
In a possible turning point for a wave of opioid-crisis lawsuits, an Ohio federal judge on Wednesday approved a novel “negotiation class” that could encompass every U.S. city and county in hopes of striking global settlements with pharmaceutical companies.

Purdue To Settle Thousands Of Opioid Suits, File Bankruptcy

LAW360 (Native feed) - September 11, 2019 - 12:21pm
Purdue Pharma LP and its owners, the Sackler family, have reached a tentative deal to settle roughly 2,000 opioid suits brought by local governments, states and tribes, with the Sacklers agreeing to pay $3 billion from their own fortune, a source involved with the negotiations told Law360 on Wednesday.

Witness To Racer's $2B Tribal Loan Scam Avoids Prison

LAW360 (Native feed) - September 11, 2019 - 11:45am
A Missouri woman whose testimony helped convict racer Scott Tucker of operating a $2 billion tribal payday loan scam avoided prison Wednesday when a Manhattan federal judge credited her remorse and her value as a cooperating witness at Tucker's high-profile trial.


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