Feds drop legal battle over tribe’s reservation status

The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts. A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion. In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case. The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.” “We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.” The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort. The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law. At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007. U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.

European court rejects case vs Germany over Afghan airstrike

The European Court of Human Rights on Tuesday rejected a complaint against Germany’s refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan. Scores of people died when U.S. Air Force jets bombed the tankers hijacked by the Taliban near Kunduz. The strike was ordered by the commander of the German base in Kunduz, Col. Georg Klein, who feared insurgents could use the trucks to carry out attacks. Contrary to the intelligence Klein based his decision on, most of those swarming the trucks were local civilians invited by the Taliban to siphon fuel from the vehicles after they had become stuck in a riverbed. An Afghan man who lost two sons aged 8 and 12 in the airstrike, Abdul Hanan, took the case to the European Court of Human Rights after German authorities declined to prosecute Klein. He alleged that Germany failed to conduct an effective investigation and that no “effective domestic remedy” to that had been available in Germany. The Strasbourg, France-based court rejected the complaints. It found that German federal prosecutors were “able to rely on a considerable amount of material concerning the circumstances and the impact of the airstrike.” It also noted that courts including Germany’s highest, the Federal Constitutional Court, rejected cases by Hanan. And it added that a parliamentary commission of inquiry “had ensured a high level of public scrutiny of the case.” Wolfgang Kaleck, the head of the European Center for Constitutional and Human Rights who provided legal support to Hanan, said the verdict was a disappointment for the plaintiff and his fellow villagers, but noted that judges had made clear that governments have a duty to at least investigate such cases.

Circuit court judge accused of altering paperwork

A New Hampshire circuit court judge has been accused of altering court paperwork with white out in a 2019 family division case while she was under investigation by the judicial branch. Julie Introcaso, a Bedford judge who was suspended in October, was charged Thursday with two felony counts of falsifying physical evidence and three misdemeanors alleging tampering with public records or information and unsworn falsification. The attorney general’s office said Introcaso will be arraigned at a later date. It wasn’t immediately known if she had a lawyer, and a number could not be found for her. The attorney general’s office began an investigation last fall after the state Judicial Conduct Committee released a document alleging that Introcaso violated the state’s Code of Judicial Conduct. That complaint alleges that Introcaso oversaw a child custody case for about six months despite having a friendship with a lawyer who was serving as a guardian ad litem in the matter. She approved rulings on the guardian’s fees and method of payment. She eventually recused herself, citing a conflict of interest, but a party in the case made a complaint about her to the committee, which started an investigation. The committee alleges she altered the court orders during the investigation.

Court rules France failed to respect its climate change goal

A Paris court on Wednesday ruled that the French state failed to take sufficient action to fight climate change in a case brought by four nongovernmental organizations. The NGOs cheered the decision as “historic” for their country and a boon to those elsewhere using the law to push their governments in the fight against global warming. The four organizations are Greenpeace France, Oxfam France, the Nicolas Hulot Foundation and Notre Affaire a Tous (Our Shared Responsibility). In its ruling, the administrative court recognized ecological “deficiencies” linked to climate change and held the French state responsible for failing to fully meet its goals in reducing greenhouse gases. The government said in a statement that it “took note” of the decision, and provided a list of actions in the pipeline to “allow France to respect in the future the objectives it set.” Government spokesman Gabriel Attal went further, acknowledging at a regular briefing that the country has fallen behind on its goals. “It’s perfectly fair to say that our country has been lagging behind these past years in the fight against climate change,” he responded to a question. But he added that “we are tackling these issues.” Among other things, he cited 30 billion euros earmarked for greener energy policies. A bill is being introduced next week in the Cabinet that includes measures to support renovation of high energy-consuming buildings and encourage greener transport. President Emmanuel Macron, who has been very vocal about his support for climate change action, pushed in December for beefing up the European Union’s 2030 targets to reduce greenhouse gases by at least 55% compared with 1990 levels ? up from the previous 40% target. But Oxfam France, Greenpeace France and the two other organizations contended that Macron’s lobbying for global climate action is not backed up by sufficient domestic measures to curb emissions blamed for global warming. France is missing its national targets that had been set under the 2015 Paris Agreement to curb climate change, and the country has delayed most of its efforts until after 2020. The court ruled that there was a link between ecological damage and deficiencies by the state in respecting its own goals. It decided that awarding money wasn’t appropriate in this case. Instead, reparations should center on fixing the failure to respect goals for lowering greenhouse gases. The court gave itself two months to study measures to repair the problem and stop it from getting worse. It did, however, ask the French state to pay each of the four organizations that brought the action a symbolic euro each, a common practice in France. The four NGOs that brought the case called the decision “a first historic victory for the climate” as well as a “victory for truth,” saying that until now France has denied the “insufficiency of its climate policies.” The decision “shows the state has a special responsibility in the climate fight ... Emmanuel Macron, more than other heads of state, spoke out strongly on the subject. Today, he cannot remain silent,” Greenpeace France chief Jean-Francois Julliard said at a news conference. The decision “goes beyond French borders,” he added, because it can help those fighting such battles in other countries. The French NGOs got advice from colleagues in the Netherlands where the Dutch Supreme Court upheld a judgment for the Urgenda environmental group that ordered the government to cut emissions by at least 25% by the end of 2020 compared to 1990 levels. The government responded with a package of measures that included shutting or reducing capacity at coal-fired power stations and subsidizing moves to promote sustainable energy. Urgenda director Marjan Minnesma told The Associated Press on Wednesday that it’s not yet clear if the Dutch government achieved the emissions reduction mandated by the court, but that the economic slowdown caused by the coronavirus helped and they may be “nearly there.” Minnesma said she is “super happy” with the French case.

Tips for Avoiding Common Workers’ Compensation Pitfalls

Workers’ compensation is an insurance program. If you have sustained an injury or illness at work, filing a workers’ compensation claim may provide compensation for your medical bills and lost wages. Unfortunately, the claims process can be complicated and confusing, which is why workers often make mistakes along the way. Some of the common mistakes that hurt workers’ recoveries are often avoidable if you know your rights. Avoid these mistakes to get the best settlement: Failing to Report the Injury You cannot get workers’ comp benefits without reporting your injury to your employer. For most injuries in Illinois, employees have 45 days from the accident to tell their employer about the injury. Not Seeking Treatment If you’ve sustained any injury, you need to be seen by a physician immediately. Your doctor can document your injury, symptoms and treatment plan, which will make it easier to be awarded just compensation. Failing to Keep Accurate Records After suffering a workplace injury or illness, it is crucial to keep accurate and detailed records. This means documenting the time missed from work due to the condition as well as all expenses related to medical treatment. Not Following Your Doctor’s Orders Working beyond your doctor’s restrictions and treatment plan not only puts your healing in jeopardy, but the insurance company can also invalidate your claim if you do. Representing Yourself Don’t make the mistake of representing yourself in your workers’ compensation claim. A skilled lawyer will make sure you file all the necessary paperwork and meet all the critical deadlines. An experienced attorney will also know how to gather and present the evidence supporting your case, and the best strategies of negotiating with insurance companies. It is best to consult an experienced Illinois worker’s compensation attorney as soon as possible to ensure that no problems occur due to delays in providing notice and filing your Illinois worker’s compensation claim. At Krol, Bongiorno & Given, we have handled well over 30,000 claims for injured workers throughout the state of Illinois. Call us at (312) 726-5567 for a free consultation or contact us online.

More protests called in Moscow to demand Navalny’s release

Moscow braced for more protests seeking the release of jailed opposition leader Alexei Navalny, who faces a court hearing Tuesday after two weekends of nationwide rallies and thousands of arrests in the largest outpouring of discontent in Russia in years. Tens of thousands filled the streets across the vast country Sunday, chanting slogans against President Vladimir Putin and demanding freedom for Navalny, who was jailed last month and faces years in prison. Over 5,400 protesters were detained by authorities, according to a human rights group. One of those taken into custody for several hours was Navalny’s wife, Yulia, who was ordered Monday to pay a fine of about $265 for participating in an unauthorized rally. While state-run media dismissed the demonstrations as small and claimed that they showed the failure of the opposition, Navalny’s team said the turnout demonstrated “overwhelming nationwide support” for the Kremlin’s fiercest critic. His allies called for protesters to come to the Moscow courthouse on Tuesday. “Without your help, we won’t be able to resist the lawlessness of the authorities,” his politician’s team said in a social media post. Mass protests engulfed dozens of Russian cities for the second weekend in a row despite efforts by authorities to stifle the unrest triggered by the jailing of 44-year-old Navalny. He was arrested Jan. 17 upon returning from Germany, where he spent five months recovering from nerve-agent poisoning that he blames on the Kremlin. Russian authorities reject the accusation. He faces a prison term for alleged probation violations from a 2014 money-laundering conviction that is widely seen as politically motivated. Last month, Russia’s prison service filed a motion to replace his 3 1/2-year suspended sentence from the conviction with one he must serve. The Prosecutor General’s office backed the motion Monday, alleging Navalny engaged in “unlawful conduct” during the probation period.