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HTMLEnforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Deana M. Bennett, Lynn H. Slade; Modrall Sperling;
Legal Alert/Article
July 16, 2015, previously published on July 15, 2015
Over the past few years, federal courts have seen an influx of cases involving challenges to "payday" lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration provision...


HTMLIndian Reserved Water Rights: Groundwater Included
Maria O'Brien, Sarah M. Stevenson; Modrall Sperling;
Legal Alert/Article
June 25, 2015, previously published on June 19, 2015
Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,1 the reservation generally includes some amount of water...


HTMLFederal District Court Upholds Uranium Mining Within a Traditional Cultural Property Without Further NEPA Review and With Abbreviated NHPA Consultation
Joan E. Drake; Modrall Sperling;
Legal Alert/Article
June 18, 2015, previously published on June 4, 2015
On April 7, 2015, in Grand Canyon Trust v. Williams,1 the United States District Court for the District of Arizona granted summary judgment to the U.S. Forest Service ("USFS") on claims brought by the Grand Canyon Trust ("Trust") that USFS violated the National Environmental...


HTMLBalancing Opposing Cultural and Religious Beliefs on a Shared Reservation: Agency Consideration of "Native American Culture" Not Enough to Demonstrate Narrowly Tailored Compelling Interest
Lynn H. Slade, Sarah M. Stevenson; Modrall Sperling;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
In Northern Arapaho Tribe v. Ashe,1 the United States District Court for the District of Wyoming contrasted two tribes' eagle interests, the First Amendment, the Bald and Golden Eagle Protection Act, and the Supreme Court's Hobby Lobby decision to conclude that the Fish and Wildlife's decision to...


HTMLBLM Publishes New Rule for Hydraulic Fracturing; Oil and Gas Groups Bring Challenge
Stuart R. Butzier; Modrall Sperling;
Legal Alert/Article
April 21, 2015, previously published on March 31, 2015
On March 26, 2015, the Bureau of Land Management (BLM) published in the Federal Register its much anticipated new regulatory rule governing hydraulic fracturing (HF) operations conducted on federal and Indian lands. 80 Fed. Reg. 16128-16222 (March 26, 2015). The rule culminates a public process...


HTMLThe U.S. Teams Up with the Native Americans Against Pro-Football, Inc.
Roberta S. Bren; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on January 21, 2015
A Notice of Intervention was filed on January 9, 2015 by the Solicitor General to defend the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a).


HTMLKey Takeaways for Foreign Franchisors in India Upon Delhi High Court's Anti-Arbitration Injunction
Saionton Basu; Duane Morris;
Legal Alert/Article
February 18, 2015, previously published on February 2, 2015
McDonald's has tasted significant success operating under a hybrid-franchise model in India since 1994. A recent spat with its joint venture partner, Vikram Bakshi, has brought to light several issues of which foreign franchisors in India should be aware.


HTMLDOJ Seeks UIGEA Injunction Against California Indian Tribe
Christopher L. Soriano; Duane Morris LLP;
Legal Alert/Article
January 23, 2015, previously published on December 4, 2014
In early November 2014, the Iipay Nation of Santa Ysabel, an Indian tribe in California, began offering internet bingo over a website to patrons age 18 and older, regardless of whether they were located on tribal lands. The State of California sued, claiming that the authority to offer online bingo...


HTMLOntario Court Affirms Crown’s Delegation of Consultation to Proponent under Mining Act
Stephanie Axmann, Geoff R. Hall; McCarthy Tétrault LLP;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
On August 28, 2014, in Wabauskang First Nation v. Minister of Northern Development and Mines (Wabauskang), the Ontario Divisional Court (Court) dismissed a judicial review application brought by Wabauskang First Nation (WFN) against the Ontario Ministry of Northern Development and Mines (Ministry)...


HTMLCanada Delays Mandatory Disclosure of Resource Payments to First Nations for Two Years: Delay and Provincial Support for Scheme Clears Way for Legislation this Fall
Graham Erion; DLA Piper (Canada) LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
Canada’s move towards mandatory reporting of resource payments by mining and oil & gas companies to host governments got a big push recently at a meeting of provincial and territorial resource ministers. First, all provinces and territories endorsed the federal government’s plan to...


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