Native American

  • March 14, 2024

    Mont. Youths Urge State High Court To Uphold Climate Ruling

    A group of youth plaintiffs on Wednesday urged the Montana Supreme Court to uphold a state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions.

  • March 14, 2024

    Energy Dept. Floats $2.26B Loan For Nev. Lithium Project

    The Biden administration is pitching a $2.26 billion loan to help fund lithium carbonate processing facilities at the controversial Thacker Pass mine in northern Nevada, saying they could support the production of as many as 800,000 electric vehicles a year.

  • March 13, 2024

    Ariz. Families Sue For Wrongful Death Amid Healthcare Scams

    The families of two Native American men are suing the state of Arizona and several of its entities, alleging that they're liable for their loved ones' deaths due to a lack of oversight on the "so-called sober living crisis" that led to one of the largest healthcare scandals in the state's history.

  • March 13, 2024

    EPA Designates First Navajo Nation Superfund Site

    The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.

  • March 13, 2024

    Amazon Groups Ask To Meet Banks Over Oil Co. Financing

    A coalition of Indigenous people and fishing groups in Peru is asking to meet with leaders of JPMorgan Chase & Co. and Citigroup Inc. to discuss concerns about state-owned oil company Petroperú and demand that the banks not help it secure more financing, according to the nonprofit Amazon Watch.

  • March 13, 2024

    FCC Waives Rules So Tribes Can Access Midband Spectrum

    The Federal Communications Commission is waiving rules for spectrum over tribal lands, allowing six Native American tribes to obtain licenses for unassigned 2.5 gigahertz spectrum over off-reservation lands in an effort to boost their wireless connectivity.

  • March 12, 2024

    Committee Approves Bill Aimed At Blocking New Mining Rule

    The House Committee on Natural Resources voted Tuesday to approve a bill aimed at blocking a proposed rule amendment by the Biden administration that would tighten the permitting process for mining projects deemed critical by the federal government despite concerns from Democrats over impacts to the environment and Native American sacred sites. 

  • March 12, 2024

    ISPs, Public Advocates Debate Need For FCC's Equity Rule

    Two major broadband providers on Tuesday disputed the need for the federal government's new, far-reaching rule barring discrimination in broadband deployment, even as public and consumer advocates argued that equitable rollout of high-speed internet remains a national priority.

  • March 12, 2024

    5 Questions For Former FCC Member Michael O'Rielly

    It's been just over three years since Republican Michael O'Rielly left his seat on the Federal Communications Commission, but a lot of ground has shifted in the telecom space since he left for the private sector.

  • March 12, 2024

    Tire Cos. Seek Exit From Salmon-Harming Chemical Suit

    A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.

  • March 12, 2024

    Gold King Mine Contractor Looks To Toss Final Navajo Claims

    An environmental and infrastructure services firm is asking a New Mexico federal judge to dismiss the last three claims the Navajo Nation lodged against it for the Gold King Mine spill in southwest Colorado, which sent several million gallons of hazardous mine waste into area waterways.

  • March 11, 2024

    Navajo Says Funding Bid Backed By Self-Determination Act

    The Navajo Nation urged a D.C. federal judge to grant it a quick win in its challenge to allegedly inadequate judicial funding, saying the federal government's arguments for why it shouldn't recoup a $15 million interest shortfall can't survive scrutiny under the Indian Self-Determination and Education Assistance Act.

  • March 11, 2024

    Feds Pitch Draft Plan For Contested Bears Ears Monument

    The Bureau of Land Management and the U.S. Forest Service are asking for public input on a draft resource management plan for the Bears Ears National Monument, prepared with input from partners including five tribal nations.

  • March 11, 2024

    Feds Seek Tribal Input On National Native Language Survey

    The U.S. Department of Health and Human Services said it is surveying tribal governments and Native language community groups to collect data and provide "critical" information about how federal support can help revitalize languages that are in danger of disappearing.

  • March 11, 2024

    Walmart Fails To Sink Feds' Opioid Crisis Lawsuit

    A Delaware federal judge on Monday kept alive a government lawsuit accusing Walmart of fueling the nation's opioid crisis, ruling that the company could be held liable for filling illegitimate prescriptions its compliance officers allegedly failed to flag for unwitting pharmacists.

  • March 11, 2024

    Corps Says Groups Can't Show Dredging Permit Was Flawed

    The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.

  • March 08, 2024

    Biden Administration Must Use Border Wall Funds, For Now

    A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.

  • March 08, 2024

    Republican Group Fights ND Tribe's High Court Privilege Bid

    The Republican Governors Public Policy Committee is asking the U.S. Supreme Court to uphold a ruling that determined state lawmakers are immune from civil discovery in federal courts, arguing that two North Dakota tribes' challenge to the decision could have a "chilling effect" on federal judges.

  • March 08, 2024

    La. Judge Won't Halt Clean Water Rule Favoring States, Tribes

    A Louisiana federal judge has rejected red states' and industry groups' effort to block the U.S. Environmental Protection Agency's new clean water rule that broadens states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.

  • March 08, 2024

    Feds, Tribes Say Marine Cos., DOT Polluted Duwamish River

    Two companies and Washington's transportation department would collectively pay about $275,000 to settle claims they polluted the Lower Duwamish River and Elliott Bay in Seattle under a proposed consent decree filed by the U.S. government, the Suquamish Indian Tribe of the Port Madison Reservation, the Muckleshoot Indian Tribe and Washington state.

  • March 08, 2024

    Green Groups Want Fla. CWA Permitting Back With Feds

    Conservation groups that successfully challenged the U.S. government's approval of Florida's Clean Water Act permitting program have told a federal judge that the Sunshine State's bid to retain some permitting authority in the meantime would only cause confusion and fail to safeguard endangered species.

  • March 08, 2024

    Direct Pay Regs Would Lift Major Barrier For Energy Projects

    A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements. 

  • March 07, 2024

    11th Circ. Urged To Restore Qui Tam Over Small Biz Contracts

    The U.S. Department of Justice argued Thursday in support of reinstating a qui tam lawsuit against two companies that gained control of a small Florida construction business, telling the Eleventh Circuit that they were not qualified for a government program that awards contracts to firms owned by socially and economically disadvantaged individuals.

  • March 07, 2024

    Feds Look To Douse $48M Washington Ranch Wildfire Claim

    The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.

  • March 07, 2024

    Feds Designate 1.1M Acres Of Habitat For Imperiled Fla. Bat

    In a move conservation groups characterized as much welcomed and long delayed, the U.S. Fish and Wildlife Service has designated about 1.1 million acres in southern and central Florida as critical habitat for the endangered Florida bonneted bat.

Expert Analysis

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • House Bill Could Help Resolve 'Waters Of US' Questions

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    Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

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