LAW & TREATY RIGHTS

Feds Say Alaska Native Corps. Can Tap Tribal COVID-19 Fund

LAW360 (Native feed) - April 23, 2020 - 6:00pm
Treasury Secretary Steven Mnuchin told a D.C. federal judge Thursday that Alaska Native Corporations can claim a share of $8 billion in funding for tribal governments fighting the COVID-19 pandemic, saying it would be unfair to cut them out in favor of federally recognized tribes.

3 Takeaways From High Court Maui Groundwater Ruling

LAW360 (Native feed) - April 23, 2020 - 5:52pm
The U.S. Supreme Court seems to have struck a sweet spot in deciding that Clean Water Act permits can sometimes be required for pollution that first hits groundwater, with environmental groups praising the justices for protecting the integrity of the law and industry attorneys saying the court arrived at a reasonable outcome.

Tribes Sue To Keep CARES Act Funds Away From For-Profits

LAW360 (Native feed) - April 23, 2020 - 5:20pm
Three South Dakota tribes are demanding that a D.C. federal judge enjoin U.S. Treasury Secretary Steven Mnuchin from distributing any of the $8 million in CARES Act funds earmarked for federally recognized tribes to tackle the COVID-19 pandemic to for-profit Alaska Native Corporations, according to a new lawsuit.

$484B COVID-19 Relief Bill Headed To Trump's Desk

LAW360 (Native feed) - April 23, 2020 - 3:36pm
The U.S. House on Thursday overwhelmingly approved nearly half a trillion dollars for coronavirus relief to small businesses and health care providers after a party-line vote for a new Democrat-led oversight panel and a scrapped plan for lawmakers to vote remotely.

Okla. Leaders Fault 2 Tribes' New Gaming Compacts With Gov.

LAW360 (Native feed) - April 23, 2020 - 2:23pm
The Comanche Nation and Otoe-Missouria Tribe's newly signed gaming compacts with Oklahoma Gov. Kevin J. Stitt have drawn criticism from lawmakers and the state attorney general, who question the validity of the deals announced right after the governor moved to release the two tribes from a gambling suit.

Courts Should Look To 3 Bar Exam Alternatives During Crisis

LAW360 (Native feed) - April 23, 2020 - 12:04pm
While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

High Court Finds Clean Water Act Can Cover Groundwater

LAW360 (Native feed) - April 23, 2020 - 6:29am
The U.S. Supreme Court on Thursday said the Clean Water Act can be used to regulate pollution that travels through groundwater, but that the Ninth Circuit used too broad a standard when it found that permits were required for wastewater wells in Hawaii that discharged contaminants to the Pacific Ocean through groundwater.

5 Highlights As HHS Earmarks $70B For Coronavirus Relief

LAW360 (Native feed) - April 22, 2020 - 5:45pm
The U.S. Department of Health and Human Services on Wednesday explained how it will divvy up $70 billion in relief funding for health care providers that have seen their wallets get walloped by the coronavirus crisis. Here, Law360 runs through five highlights, including anti-fraud warnings and reimbursement for uncompensated care.

Feds Won't Send Tribes COVID-19 Money Before Tuesday

LAW360 (Native feed) - April 22, 2020 - 4:35pm
The Treasury Department won’t start delivering $8 billion to tribes battling the COVID-19 pandemic until Tuesday at the earliest — missing a Sunday deadline — and still hasn’t decided if Alaska Native Corporations should share in that money, the government told a D.C. federal judge on Wednesday.

DC Circ. Won't Revisit Tribe's Preservation Rule Challenge

LAW360 (Native feed) - April 22, 2020 - 4:31pm
The D.C. Circuit refused to budge Wednesday from its ruling that the Narragansett Indian Tribe can't challenge the Federal Energy Regulatory Commission's approval of a pipeline project that won't allow tribal consultations dealing with sacred artifact preservation.    

Fearing COVID-19 Ruin, Midwest Tribes Demand Casino Relief

LAW360 (Native feed) - April 22, 2020 - 4:12pm
Blocked from federal coronavirus relief loans, tribes with casinos that employ fewer than 500 workers have had to dip into their reserves and furlough staff to weather the pandemic, Midwest tribal leaders told Law360. They're now urging Congress to provide them with direct relief.

Oyster Co. Blocked From Shellfishing On Tribal Tidelands

LAW360 (Native feed) - April 22, 2020 - 2:45pm
A Washington federal court has blocked Gold Coast Oyster LLC from harvesting shellfish from any tidelands in the Hood Canal west of Seattle until it stops violating a fishing plan meant to resolve a yearslong dispute with the Skokomish Indian Tribe and other tribes.

Opioid Funds Should Be Used For Mental Health, Judge Told

LAW360 (Native feed) - April 22, 2020 - 1:12pm
Mental health advocates on Tuesday told the Ohio federal judge overseeing opioid multidistrict litigation that half of the settlement funds from the litigation should be used to form a foundation addressing mental illness.

Ore. Blew Its Chance On Gas Export Project Permit, FERC Told

LAW360 (Native feed) - April 22, 2020 - 1:10pm
Developers of a $10 billion liquefied natural gas export project in Oregon urged the Federal Energy Regulatory Commission on Tuesday to override the state's denial of a Clean Water Act permit, arguing that the state waited too long to act and waived its permitting authority.

Are Litigation Funding Documents Protected From Discovery?

LAW360 (Native feed) - April 22, 2020 - 12:26pm
With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

2 Okla. Tribes Exit Gaming Suit After Settling With Gov.

LAW360 (Native feed) - April 21, 2020 - 6:26pm
Oklahoma Gov. J. Kevin Stitt on Tuesday moved to release two tribes from a high-profile lawsuit over gaming compacts in the state and hosted a press conference announcing new gaming deals with both tribes.

Broadcasters Call AT&T 'Callous' Over DirecTV Network Cuts

LAW360 (Native feed) - April 21, 2020 - 6:17pm
After AT&T warned lawmakers that its DirecTV subscribers would soon lose distant network channels unless expiring satellite rules are extended, the National Association of Broadcasters blasted the warning as a "callous decision" at a time when viewers need news the most.

Alaska Natives Say Neiman Marcus Ripped Off Coat Design

LAW360 (Native feed) - April 21, 2020 - 5:53pm
An Alaska Native organization urged a federal judge Monday to stop Neiman Marcus Group Inc. from selling a patterned coat, saying the garment infringes a copyright from an artist who was drawing on a centuries-old design tradition.

Senate OKs $480B More Virus Relief For Small Biz, Hospitals

LAW360 (Native feed) - April 21, 2020 - 2:50pm
The nation's political leaders on Tuesday broke a two-week stalemate and reached a nearly half-trillion-dollar deal for an "interim" pandemic relief package that includes another $310 billion in forgivable loans to small businesses, $75 billion for health care and $25 billion to boost testing capacity.

How COVID-19 Might Uproot Centuries Of Litigation Traditions

LAW360 (Native feed) - April 21, 2020 - 1:00pm
Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

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