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Administrative Agency Indigenous Peoples

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Pharmaceutical Company Seeks to Use Tribal Sovereign Immunity to Avoid Inter Partes Review

by Snell & Wilmer on

Allergan announced on September 8, 2017, that it had transferred its patents covering the drug Restasis to the Saint Regis Mohawk Tribe and will pay the tribe $13.75 million. The tribe is also eligible to receive $15 million...more

Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?

by Pepper Hamilton LLP on

In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents on the...more

Pharma Patents Assigned to Indian Tribe to Thwart Inter Partes Review

by Foley & Lardner LLP on

As we have previously reported, sovereign immunity of state universities (who are instruments of state government) has been used to avoid IPRs under the immunity clause of the US Constitution (“Sovereign Immunity of State...more

Supreme Court of Canada clarifies when regulatory bodies may be relied on to fulfill the Crown’s duty to consult Aboriginal...

by Dentons on

As the Supreme Court of Canada (SCC) explained in Haida and Carrier Sekani, it is open to legislatures to empower regulatory bodies to play a role in fulfilling the Crown’s duty to consult Aboriginal peoples. Carrier Sekani...more

Implementation of the Housing Choice Voucher Program under the 2017 Appropriations Act

by Ballard Spahr LLP on

On June 28, 2017, HUD issued Notice PIH 2017-10 (HA) (the “Notice”) providing guidance on the implementation of the Housing Choice Voucher (“HCV”) program funding provisions of the Consolidated Appropriations Act, 2017 (the...more

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

by Bennett Jones LLP on

On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...more

A CEAA change

by Dentons on

The Expert Panel mandated by the Minister of Environment and Climate Change to review federal environmental assessment processes has now delivered its report, Building Common Ground: A New Vision for Impact Assessment in...more

PLI’s “The CFPB Speaks” panel discussion

by Ballard Spahr LLP on

Earlier yesterday, at the Practicing Law Institute’s (“PLI”) 22nd Annual Consumer Financial Services Institute in New York City, Alan Kaplinsky (who is co-chairing the event) moderated a panel entitled “The CFPB Speaks,” that...more

Two Bureau of Land Management Regulations on Life Support Under President Trump

by Jones Day on

The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

In Case You Missed It: A Recap of Recent HUD Activity

by Ballard Spahr LLP on

HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. For certain public housing authorities (PHAs) with less than 250...more

Supreme Court Set to Settle Dispute over Washington Redskins Trademark Registration

by Varnum LLP on

There has been another twist in the story of the long battle by Native American interest groups to obtain revocation of the U.S. registration of the infamous Washington Redskins trademark. This is another step in the 20-year...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

by Bennett Jones LLP on

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Controversy Over Interior’s Trust Authority in Alaska Remains Unresolved

by Perkins Coie on

A majority panel of the U.S. Court of Appeals for the District of Columbia Circuit recently dismissed the State of Alaska’s challenge to the U.S. Secretary of the Interior’s authority to acquire land in trust for Alaska...more

Court Rules BLM Had No Authority To Regulate Fracking On Federal and Native American Lands

by Reed Smith on

In March 2015, the Bureau of Land Management (“BLM”) issued regulations applying to hydraulic fracturing on federal and Indian lands. 80 Fed. Reg. 16,128–16,222 (Mar. 26, 2015) (the “Fracking Rule”). The states of Wyoming,...more

Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

by Stoel Rives LLP on

As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. ...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Parity for Tribal Governments Operating Drones

by Holland & Knight LLP on

When Congress first authorized the domestic use of unmanned aircraft systems (UAS) in the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (FMRA), it created special, streamlined provisions for the...more

Tribally Affiliated Payday Lenders Can Use Tribal Sovereign Immunity as Defense to State Administrative Proceedings, Class Actions

by Ballard Spahr LLP on

Two recent decisions provide support for the use of tribal sovereign immunity by tribally affiliated payday lenders as a defense to both state administrative proceedings and private class actions. In Everette v. Joshua...more

Is There a New War on Indian Country?

by Dickinson Wright on

Over the past week, two proposals have surfaced that could have profound impacts on Indian Country, and they likely would not be for the better. The first proposal surfaced on October 20 when a Utah congressman...more

Gaming Legal News: Volume 8, Number 17: Enterprise Rancheria Ready To Construct Class II Casino

by Dickinson Wright on

California’s Estom Yumeka Maidu Tribe, also known as Enterprise Rancheria, has said it will begin construction of a scaled-down Class II gaming facility in Yuba County, instead of the Class III facility that has been opposed...more

Sixth Circuit Holds National Labor Relations Act Applicable to Indian Tribe's Casino

by Faegre Baker Daniels on

Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes’ casinos, notwithstanding the tribes’ inherent sovereignty. However, the panel only did so because...more

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

by Faegre Baker Daniels on

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

Bills Propose to Reverse National Labor Relations Board Jurisdictions over Indian Tribal Governments

by Dickinson Wright on

The National Labor Relations Act (“NLRA”) was enacted by Congress in 1935. The Act, also known as the Wagner Act after its champion, New York Senator Robert F. Wagner, passed the Senate in May 1935, the House in June 1935,...more

IRS Issues Notice Addressing Impact of the Tribal General Welfare Exclusion Act of 2014 on Existing IRS Guidance

by Dorsey & Whitney LLP on

On April 16, 2015, the IRS released Notice 2015-34 clarifying the effect of the Tribal General Welfare Exclusion Act of 2014, Pub. L. No. 113-168, 128 Stat. 1883 (2014) (the “Act”), which added new Section 139E to the...more

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