Native American

  • March 27, 2024

    Tribes Want Climate Change Row With Oil Cos. In State Court

    Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.

  • March 27, 2024

    Cannabis Caucus Dems Urge Garland To Restore Pot Protections

    The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.

  • March 27, 2024

    BLM Finalizes Methane Venting And Flaring Rule

    The U.S. Bureau of Land Management on Wednesday announced its final rule meant to cut the amount of methane released at energy production facilities by reducing leaks and tightening limits on a process known as flaring.

  • March 27, 2024

    9th Circ. Judge Doubts Feds' Gambling Stance Matches Tribe's

    A Ninth Circuit judge pushed back Wednesday against a gambling company's argument that a particular Washington tribe did not need to be a part of its lawsuit over state gambling compacts, pointing out that the federal government is expected to balance competing interests — not necessarily mirror the tribes' position.

  • March 27, 2024

    Navajo Sue Feds Over Withheld Forestry Program Funds

    The Navajo Nation claims the U.S. Department of the Interior unlawfully withheld more than a million dollars in funding for its contracted forestry management program, telling a D.C. federal judge the department should be forced to provide the money and accept the funding agreements proposed by the nation.

  • March 27, 2024

    Make Sure Internet Stays Affordable, House Dems Tell NTIA

    A dozen House Democrats urged a key Biden administration official on broadband policy to ensure high-speed internet projects across the country lead to affordable service as a federal low-income subsidy draws to a close.

  • March 26, 2024

    Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told

    Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.

  • March 26, 2024

    NY Urges 2nd Circ. To Deny Tribe's Eel Fishing Challenge

    The New York State Department of Environmental Conservation called on the Second Circuit to uphold a lower court's rejection of the Unkechaug Indian Nation's challenge to the agency's regulations on eel harvests, saying contrary to the tribe's arguments, they're not preempted by any federal treaty or statute.

  • March 26, 2024

    Fishers Say Tire Cos. Can't Escape Salmon ESA Suit

    Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.

  • March 25, 2024

    Congress Urged To Renew FCC Auctions, Broadband Fund

    Dozens of public interest groups want Congress to jump-start the Federal Communications Commission's spectrum auctions and use the proceeds to pour new funds into the Affordable Connectivity Program, fixing two problems confronting the FCC at once.

  • March 25, 2024

    IHS Fears Budget Cuts Over Tribal Healthcare Funding Case

    Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.

  • March 25, 2024

    NOAA Allots $60M To Help Columbia River Salmon

    The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    BLM Adhered To Law In Granting Oil Lease Sales, Judge Rules

    A D.C. federal judge has ruled in favor of the Bureau of Land Management in litigation brought by environmental groups seeking to challenge six oil and gas leases in the western United States, saying the agency did all that it was required to under the National Environmental Policy Act when it approved the lease sales.

  • March 25, 2024

    Texas Judge Extends Stay On Border Wall Funding Order

    A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.

  • March 25, 2024

    Farmers, Attys Say USDA Bias Payouts Can't Snub Fee Deals

    A pair of law firms from Ohio and Florida and their farmer clients have asked a federal judge to block the U.S. Department of Agriculture from paying out $2.2 billion in assistance directly to minority farmers it discriminated against, claiming the government disregarded contingent-fee agreements between the firms and the farmers.

  • March 25, 2024

    Justices Won't Hear MAGA Hat Teen's Media Defamation Suit

    The U.S. Supreme Court on Monday declined to review a Sixth Circuit decision dismissing a suit against several media companies from a man who says they defamed him with their coverage of his encounter with a Native American activist while he was a teenager wearing a "Make America Great Again" hat.

  • March 25, 2024

    Justices Preserve Obama-Era Forest Monument Expansion

    The U.S. Supreme Court on Monday declined to review two appellate court rulings upholding former President Barack Obama's expansion of the Cascade-Siskiyou National Monument on the Oregon-California border.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    No Central Okla. Law Resolves Gov., AG Fight, Judge Says

    Oklahoma has no controlling law to determine if Attorney General Gentner Drummond can take defense counsel leadership ahead of Gov. Kevin Stitt in litigation over tribal gambling compacts, a D.C. federal judge said, while certifying the question of law to the Sooner State's highest court.

  • March 22, 2024

    Feds Ask 9th Circ. To Save Logging Project In Grizzly Area

    The federal government asked the Ninth Circuit on Friday to overturn a Montana federal judge's decision halting a large logging operation in the Kootenai National Forest over concerns about the project's effect on grizzly bears and old-growth trees.

  • March 22, 2024

    Feds Can't Explain Away Flawed LNG Rule, DC Circ. Told

    Conservation groups and a dozen-plus states are urging the D.C. Circuit to throw out a rule allowing liquefied natural gas to be transported by rail, saying the Pipeline and Hazardous Materials Safety Administration glossed over safety, environmental justice and climate concerns, and now asks for deference it doesn't deserve.

  • March 21, 2024

    El Paso Says US Can't Weigh In On Tribal Land Suit

    El Paso, Texas, is fighting the federal government's bid to back the Ysleta del Sur Pueblo in its land ownership suit, arguing that the government is trying to force a school district to exchange land with the tribe for a promise it won't file aboriginal rights' claims in the area.

  • March 21, 2024

    AGs Urge Congress To Address Hemp Intoxicants In Farm Bill

    A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.

  • March 21, 2024

    6th Circ. Skeptical Of Enbridge's Late Pipeline Suit Transfer

    A Sixth Circuit panel questioned how Enbridge Energy LP could move a lawsuit seeking to shut down one of its pipelines to federal court more than two years after it was filed, pressing the company Thursday to justify missing the 30-day cutoff for removals.

Expert Analysis

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

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