Indigenous Peoples › Civil Procedure › Civil Remedies

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Ninth Circuit Holds Takings Case Must Proceed Through Tribal Court

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013,...more

Supreme Court of British Columbia Issues Injunction Restraining Exploration Activities Authorized by Provincial Permits

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

Fee-Shifting Ruling Encourages Intervention in Clean Air Challenges

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

Restructuring Review - June 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

United States v. Tohono O'odham Nation

Brief of the National Association of Home Builders as Amicus Curiae in Support of the Respondent

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

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