Native American

  • April 26, 2024

    4 Takeaways From Final EPA Power Plant Rules

    The U.S. Environmental Protection Agency's long-awaited rule limiting greenhouse gas emissions from power plants accelerates the timeline for the electricity sector's transition away from fossil fuels, though there's plenty of legal and political uncertainty to consider. Here are four key takeaways from the EPA's power plant moves.

  • April 26, 2024

    Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting

    At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.

  • April 26, 2024

    Fla. Wants DC Circ. To Pause Wetlands Permits Decision

    The state of Florida has called on the D.C. Circuit to pause a lower court's February ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, arguing the decision is likely to be reversed.

  • April 25, 2024

    Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling

    Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.

  • April 25, 2024

    Gov't To Use Tribal Energy Purchase Preference For First Time

    The Biden administration announced Thursday that it intends to purchase thousands of megawatts of carbon-pollution-free electricity certificates from tribal sources, marking the first time the government will use a nearly two-decade-old procurement preference for tribally sourced energy.

  • April 25, 2024

    Biden Admin's Gas Venting Curbs Are Illegal, ND Says

    A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court.

  • April 25, 2024

    Tribes, Enviros Want A Say In Grand Canyon Monument Suits

    Three Native American tribes and a slew of conservation groups are asking an Arizona federal district court to intervene in separate lawsuits, seeking to protect an Indigenous sacred site in the Grand Canyon region from losing its National Monument designation.

  • April 25, 2024

    Feds Lose Bid To Toss SD Tribe's School Funding Suit

    A South Dakota federal judge has denied the Bureau of Indian Affairs' attempt to dismiss a tribe's lawsuit accusing the BIA of over-collecting on a $1 million school debt obligation, finding there are enough factual allegations asserted in the amended suit to keep it alive.

  • April 25, 2024

    Biden Permitting Reform To Fast-Track Power Line Approvals

    Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.

  • April 24, 2024

    Muscogee Supreme Court To Decide Descendants' Citizenship

    Two descendants of those enslaved by the Muscogee (Creek) Nation are in limbo as they await a decision from the tribe's high court on whether they can apply for citizenship — a ruling that could pave the way for others to be eligible for healthcare and other benefits under federal law.

  • April 24, 2024

    Feds Plan 12 Offshore Wind Lease Sales Through 2028

    U.S. Secretary of the Interior Deb Haaland said Wednesday the government will hold up to 12 offshore wind energy lease sales over the next five years now that updated regulations for renewable energy development on the Outer Continental Shelf have become final.

  • April 24, 2024

    EPA Floats $1B In School Bus, Truck Electrification Grants

    The U.S. Environmental Protection Agency on Wednesday said it would offer approximately $1 billion in grants to fund the electrification of school buses, garbage trucks and other heavy-duty commercial vehicles, another part of the Biden administration's efforts to decarbonize the U.S. transportation sector.

  • April 24, 2024

    Biden's Latest Judge Picks Include Blocked US Atty Nom

    President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.

  • April 23, 2024

    Investor Seeks Recovery From R. Kelly, Foxwoods Fallouts

    An investor has filed a Connecticut suit to recover a New York settlement worth nearly $877,000 after revolving credit deals and a security agreement surrounding a concert series that was headlined by since-imprisoned R&B artist R. Kelly at the Foxwoods Resort Casino fell apart.

  • April 23, 2024

    Maine Gov. Signs Bill Expanding Tribal Courts' Rights

    Maine Democratic Gov. Janet Mills on Monday signed into law a bill that, so far, imposes the most significant change to the state's controversial Indian Claims Settlement Act since its passage more than two decades ago.

  • April 23, 2024

    Florida Loses Bid To Stay Ruling Nixing Its CWA Permit Power

    A D.C. federal judge on Tuesday declined Florida's request to pause his ruling that stripped the state's federally delegated authority over a Clean Water Act permitting program, finding that the Sunshine State had not shown it was likely to succeed in its appeal of the ruling.

  • April 23, 2024

    BNSF Lowballing Oil Train Trespass Payout, Tribe Says

    A Washington tribe said Monday that BNSF Railway Co. raked in $500 million for shipping crude oil across its reservation for nearly a decade, calling the railroad's calculation that it should pay less than $175,000 for the illegal trespass an affront to the tribe's sovereign and treaty rights.

  • April 23, 2024

    Cole First Native American To Chair Appropriations Committee

    Republican U.S. Rep. Tom Cole of Oklahoma, a citizen of the Chickasaw Nation, has become the first Native American to chair the full House Appropriations Committee, succeeding Rep. Kay Granger, who in March announced that she would be stepping down prior to her retirement.

  • April 22, 2024

    CORRECTED [New Headline]:Tribe Says NY Lottery Breaks Law

    A tribe in New York has asked a federal judge to bar state officials from operating any lottery vending machines on its self-proclaimed reservation, saying gambling on Indian lands is within the jurisdiction of tribes and regulated by the Indian Gaming Regulatory Act.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

  • April 22, 2024

    Group Backs Net Neutrality, But Not Fees On Broadband

    Despite supporting a planned net neutrality regime, media advocacy group Free Press has argued against using the new rules to impose fees on the broadband industry to support telecommunications subsidies, saying the idea would only harm consumers.

  • April 22, 2024

    Wash. Judge Questions If Professor Was Punished For Views

    A Washington federal judge seemed to doubt Monday that the University of Washington went too far when it removed a professor's political statements from his syllabi, noting that the comments were disruptive because they caused students to drop the mandatory course.

  • April 22, 2024

    Ayahuasca Church Settles Religious Freedom Suit With Feds

    A Phoenix-based church that uses the psychedelic ayahuasca as a sacrament announced Monday that it had reached a legal settlement in Arizona federal court with a slew of federal agencies to ensure its religious right to access the federally controlled substance.

  • April 22, 2024

    With Power Rules On Deck, EPA Awards $7B In Solar Grants

    The U.S. Environmental Protection Agency on Monday said it awarded $7 billion in grants to boost residential solar energy development in low-income communities, kicking off a climate change-focused week in which the agency is expected to release pollution control rules for the power sector.

  • April 22, 2024

    Feds Say $1M Fine Is Fair In Washington Dam Settlement

    The federal government says a $1 million fine to settle Clean Water Act violations against a hydroelectric dam operator is fair despite objections from a Washington tribe, arguing that a proposed consent decree should be approved because it meets key goals that help to restore Washington's Puyallup River.

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • How DOI Aims To Modernize Resource Damage Assessments

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    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

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