USDA Relaxes Some Requirements In Final Hemp Rule
The U.S. Department of Agriculture on Friday released its final rule governing the cultivation of hemp, some 14 months after publishing draft regulations that industry stakeholders decried as overly burdensome.
Biden, New Congress Offer Historic Opportunities For Tribes
The incoming Biden administration's progressive ambitions, coupled with a newly Democratic Congress, could mean unprecedented opportunities for tribes not only to tackle the coronavirus pandemic, but to kickstart their economic recovery and address long-standing environmental, infrastructure and land issues.
DC Circ. Won't Pause Methane Monitoring Rollback
The D.C. Circuit on Friday rejected environmental groups' effort to block parts of the U.S. Environmental Protection Agency's less restrictive policy on methane emissions for new and modified oil and gas infrastructure while litigation plays out.
6th Circ. Won't Stop Ex-FDA Chief's Opioid MDL Testimony
The Sixth Circuit said on Thursday that it won't stop a lower court from forcing a former U.S. Food and Drug Administration director to be deposed in multidistrict opioid litigation before he clocks in to work in an unspecified role in the Biden administration.
Tribal Health Center Workers Claim Immunity From Firing Suit
Board members of a Crow Tribe-run health center have urged a Montana federal judge to toss a suit claiming that they fired a nurse as retaliation for reporting patient abuse, saying they were acting within the scope of their employment and are immune from the suit under the Federal Tort Claims Act.
Judge Says Sovereign Immunity Bars Tribe From Injury Suit
A Texas federal judge has ruled that sovereign immunity protects the Alabama-Coushatta Tribe from litigation by a man who broke his wrist after slipping and falling down a staircase in the tribe's bingo hall, adopting a magistrate judge's October recommendation and entirely dismissing the case.
DOI Says Minn. Sioux Tribe's Recognition Has 'Faded Away'
The U.S. Department of the Interior told the D.C. Circuit on Wednesday that it was not required to federally recognize the Mdewakanton Band of Sioux in Minnesota, since a previous case found "a once-recognized tribe can fade away."
Cherokee Nation Firm Wants Out Of Employee Poaching Suit
A Cherokee Nation consulting arm has asked a Colorado federal court to dismiss information technology company LS3 Inc.'s breach of contract lawsuit over alleged poaching of employees, claiming in a Wednesday filing that no valid contract existed.
BLM Can't Dodge Calif. Tribe's Latest Geothermal Lease Suit
A California federal judge has denied the Bureau of Land Management's bid to escape a suit seeking to shut down a unit of geothermal leases on land sacred to the Pit River Tribe, saying the claims weren't covered in a previous suit by the tribe.
Justices Skeptical Of FTC's Claim To Restitution Powers
Several U.S. Supreme Court justices Wednesday questioned the Federal Trade Commission's long-claimed power to demand restitution in fraud and antitrust cases.
NYT, WSJ Win Access To Report Of IHS Doctor's Sex Abuse
A New York federal judge ordered the U.S. Department of Health and Human Services to release a report to The Wall Street Journal and The New York Times detailing the sexual abuse committed by a former Indian Health Service pediatrician against Native American children.
Census Halts Immigrant Report After Whistleblower Response
The U.S. Census Bureau has halted efforts to compile data on foreign citizens living in the U.S., the bureau director said Wednesday, after whistleblowers accused the agency of rushing the data report and producing a "statistically indefensible" product.
States, Advocates Tell Justices Border Wall Funds Improper
The Trump administration cannot lose a standoff with Congress over appropriations for a border wall and then instruct for funds be diverted to build it anyway, California, New Mexico and two advocacy groups told the U.S. Supreme Court on Tuesday.
Texas Urges Supreme Court To Rebuff Pueblo's Bingo Bid
Texas has urged the U.S. Supreme Court to uphold a Fifth Circuit decision blocking the Ysleta del Sur Pueblo from offering electronic bingo, saying the tribe's obligation to abide by state anti-gambling laws was settled by the same circuit years ago.
DOI, North Fork Rancheria Seek To Beat Casino Challenge
The U.S. Department of the Interior and the North Fork Rancheria of Mono Indians separately urged a California federal judge to toss a lawsuit initiated against them by anti-gambling groups that alleges an off-reservation tribal hotel and casino was not properly approved.
Okla. Judge Axes Wind Farm's Damage Defense In Osage Suit
An Oklahoma federal judge on Monday rejected several arguments raised by a group of wind farm developers seeking to escape damages for trespassing on tribal land and for failing to obtain permission for their wind turbine project on Osage Nation land.
4 Things To Expect From A Biden EPA
The U.S. Environmental Protection Agency will have a pivotal role in helping President-elect Joe Biden carry out his pledge to address climate change with ambitious new policies, while tackling emerging and evolving issues such as the regulations of forever chemicals and reversing many of the deregulatory actions from the last four years.
Tax Should Apply To Non-Native Contract Work, 8th Circ. Told
Federal laws prohibiting taxation on Native American lands shouldn't prevent South Dakota from taxing contracting work performed by a non-Native American company on the Flandreau Santee Sioux Tribe's on-reservation casino, the state government told the Eighth Circuit Tuesday.
FTC Authority To Obtain Monetary Relief May Be Under Threat
Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.
State AGs' 2020 Actions Offer Hints At 2021 Priorities
A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.
The Most-Read Legal Industry Guests Of 2020
Popular legal industry guest articles this year included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a socially distanced world.
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