Native American

  • 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.

  • March 21, 2024

    Tribe's Opioid Suit Can Head To State Court, Okla. Judge Says

    An Oklahoma federal magistrate judge has granted the Cherokee Nation's bid to move to state court its suit accusing pharmaceuticals distributor Morris & Dickson of flooding the tribe's communities with opioids, saying the company only fulfilled one of four prongs necessary for establishing federal jurisdiction.

  • March 21, 2024

    Fla. High Court Won't Take Up Gambling Compact Challenge

    The Florida Supreme Court refused Thursday to take up a challenge by two casino operators over the state's gambling pact with the Seminole Tribe, declaring the petition — which says the governor exceeded his authority in signing the pact — is the improper vehicle for assessing the constitutionality of the pact.

  • March 20, 2024

    Justices Ask How Texas, NM Can Cut Water Deal Without Feds

    U.S. Supreme Court justices on Wednesday questioned whether Texas, New Mexico and Colorado can settle their dispute over Rio Grande water rights without the approval of the federal government — which is arguing the deal could leave the water systems in those states high and dry.

  • March 20, 2024

    US Senators Seek Clemency For Native American Activist

    A group of mostly Democratic senators is urging U.S. Attorney General Merrick Garland to release compassionately a Native American activist who is serving a life sentence for his alleged involvement in the 1975 murder of two FBI agents, saying he is suffering from severe health conditions and should be able to live out his remaining days among his own people.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told

    The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 20, 2024

    DA Says Greenhouse Suit Interferes With Code Enforcement

    The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.

  • March 19, 2024

    Wash. Hydro Co. Says Dam Removal Plan Follows Court Order

    A Washington hydroelectric company insists it is not disobeying a court order to remove part of a temporary rock dam that harms migrating fish, telling a federal judge that a tribe's alternative is not structurally sound and cannot be permitted.

  • March 19, 2024

    Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial

    A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.

  • March 19, 2024

    Fishers Angle For Justices' Attention With New Monument Suit

    Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.

  • March 19, 2024

    Judge Mulls Smoke Shop Group's Push For Tribe's Damages Data

    A New York federal magistrate judge is asking the Cayuga Nation and a former smoke shop, shut down on the grounds it was selling cannabis and untaxed cigarettes, to weigh in on whether the tribe must turn over spreadsheets purportedly detailing damages and lost revenues stemming from the shop.

Expert Analysis

  • 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.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

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    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

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