In National Wildlife Federation v. Department Of Environmental Quality, 2014 WL 3928561 (Mich. App. 2014), Kennecott Eagle Minerals Company (Kennecott) had submitted applications to the Michigan Department of Environmental Quality (DEQ) for a nonferrous metallic mining permit and a groundwater discharge permit in connection with the Kennecott’s plan to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River in the Yellow Dog Plains in Marquette County. Plaintiffs including the Keweenaw Bay Indian Community (Tribe) sought judicial review, contending that the mine could collapse, and that operations would produce excessive acid rock drainage, either of which would result in serious damage to the area’s environment and natural resources, including the Salmon Trout River. The trial court upheld the permit, and the court of appeals affirmed, holding that (1) Kennecott and DEQ were not foreclosed from … [Read more...] about Indian Nations Law Focus–September, 2014
Cosatu national strike 27 september
According to the Washingtonian, the campaign, which is directed at the Trump Administration’s immigration policies, is being spread by word-of-mouth, hardcopy, electronic flyers, and on Facebook. At this time, it is unclear whether large numbers of employees will answer the call to engage in the demonstration, including by refusing to report to work. A successful “Day” could have an enormous impact on the retail sector, in particular. … [Read more...] about ‘A Day Without Immigrants’ National Strike Planned – What Can Employers Do?
The result is that the counselors must use the small number of cases and consent decrees to divine when agencies or courts will find MFNs objectionable. Almost all the panelists saw no actual or theoretical competition issues unless at least one party to the contract had market power. Some counselors used a rough market power screen to advise clients and suggested the agencies might do the same when choosing investigation targets. All the panelists agreed that firms using MFNs should be able to articulate how the clause advances a pro-competitive goal. Some thought that pro-competitive goal would be more difficult to articulate for MFN+ clauses, where a party negotiates for a price that is a function of a specified rival's price. Finally, counselors emphasized that MFN use by several rivals was not, by itself, sufficient to find an anti-competitive agreement under the Sherman Act. … [Read more...] about FTC and DOJ Hear Theories and Facts about Most-Favored-Nation Clauses in September 10 Workshop
In Perkins v. United States, 2017 WL 3326818 (W.D.N.Y. 2017), Perkins, a member of the Seneca Nation, and her husband, extracted and sold gravel they had removed from Seneca Territory under a lease and permit issued by the Nation. When the Internal Revenue Service claimed they owed income taxes on the proceeds of the sale, the Perkinses sued, contending the income was protected from taxation by the 1794 Treaty of Canandaigua, which provides that “the United States will never ... disturb the Seneka nation,” or “their Indian friends residing thereon and united with them, in the free use and enjoyment” of the Seneca land, and by the treaty of 1842, which provides that the parties to the treaty “agree to solicit the influence of the Government of the United States to protect such of the lands of the Seneca Indians … from all taxes, and assessments for roads, highways, or any other purpose… .” The government moved to dismiss, but the court … [Read more...] about Indian Nations Law Update – September 2017
Mick Cash, RMT general secretary, said: "Members have been in dispute for well over a year now in a battle to put public safety before private profit and we are angry and frustrated that a genuine opportunity to reach an agreement has been kicked back by the company. … [Read more...] about Northern Rail strikes 2018 – what are the September dates and which trains and routes are affected?