Supreme Court of British Columbia Issues Injunction Restraining Exploration Activities Authorized by Provincial Permits by Osler, Hoskin & Harcourt LLP on 2/1/2012 On December 2, 2011, the Supreme Court of British Columbia awarded Marilyn Baptiste, on her own behalf and on behalf of the members of the Xeni Gwet’in First Nation Government and the Tsilhqot’in Nation, an...more
Focus on the Environmental and Aboriginal Law - January 18, 2012 by Fraser Milner Casgrain LLP on 1/18/2012 In This Issue 1 Ontario Court Halts Exploration After Mining Company Refused to Consult First Nation 2 Contact Us Excerpt From Ontario Court Halts Exploration After Mining Company Refused to...more
Fee-Shifting Ruling Encourages Intervention in Clean Air Challenges by Morgan Lewis on 1/16/2012 On December 20, 2011, the U.S. Court of Appeals for the D.C. Circuit expanded fee-shifting incentives for parties that intervene in challenges to Clean Air Act rules issued by the Environmental Protection Agency (EPA). The...more
Lake of Torches Appellate Decision: "Management Contracts" Are Still a Burning Issue in Tribal Gaming Financings by Bracewell & Giuliani LLP on 9/9/2011 Earlier this week, the United States Court of Appeals for the Seventh Circuit upheld the Lake of Torches decision that invalidated a bond indenture as a "management contract" because it contained provisions that permitted...more
Gaming Legal News - July 27, 2011 • Volume 4, Number 23 by Dickinson Wright on 7/27/2011 In This Issue: - BARSTOW BOUNCES BACK by Dennis J. Whittlesey - SOMEWHERE IN NORTHERN CALIFORNIA IS A REALLY ANGRY TRIBE… by Dennis J. Whittlesey An Excerpt From: BARSTOW BOUNCES BACK With the announcement...more
Restructuring Review - June 2011 by Cadwalader, Wickersham & Taft LLP on 6/27/2011 In This Issue: 01 When Tribal Gaming Goes Sour . . . Rights & Remedies in an Unclear Legal Environment 07 S.D.N.Y. Bankruptcy Court Continues to Construe Bankruptcy Code’s Safe HarborProvisions Narrowly 13...more
President Aquino as Cotabato Water Hyacinth Remover by Rey Cartojano on 6/25/2011 It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more
New Mexico Dram Shop Liability Extended to Protect Intoxicated Patrons by Collins & Collins, P.C. on 9/30/2010 It is has long been the case that injured third parties may bring a dram shop action for the negligent service of alcohol to an intoxicated patron. Typically, these cases arise where the intoxicated patron takes to the road...more
United States v. Tohono O'odham Nation Brief of the National Association of Home Builders as Amicus Curiae in Support of the Respondent by Robert Thomas on 9/3/2010 For more than a century, the federal government has held substantial funds and 2.9 million acres of land in Arizona in trust for the Tohono O'odham Nation. In United States v. Tohono O'odham Nation, No. 09-846 (cert. granted...more
Native Americans Entitled to $239,620 in Fees By Confering a Public Benefit by Barger & Wolen on 8/16/2010 An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County. The Fourth Appellate District held that the claimants were entitled...more
California Lawyer’s analysis of Indian Law, Tribal Law and Native American Law by Sebastian Gibson on 11/17/2009 Perhaps there is no area of law in California where there are so few knowledgeable attorneys than in the area of Tribal Law and Native American Law. Perhaps in no area of law are there so few resources for lawyers to even...more