Native American

  • February 28, 2024

    Court Will Hear Arguments In Camp Operator's Bond Dispute

    A Montana federal judge will hear arguments next month to determine whether a campground operator can pay a bond in cash as opposed to a third-party surety that will allow it to stay the case over a lease dispute with the Blackfeet Nation pending an appeal to the Ninth Circuit.

  • February 28, 2024

    Wash. Man Accused Of Killing, Selling Eagles To Plead Guilty

    One of two men accused of conspiring to kill federally protected bald eagles and golden eagles on tribal lands in northwest Montana to sell on the black market has entered a plea agreement, court records show.

  • February 28, 2024

    Tribes Urge Biden To Break Silence On Pipeline Dispute

    Great Lakes tribes are pressing the White House to break its "deeply concerning" silence on a fight to remove an Enbridge Energy Corp. pipeline from tribal lands in northern Wisconsin, saying the U.S. government is sitting on the sidelines as Canada and the energy company try to gut their sovereignty.

  • February 27, 2024

    Mohawk Nation Rejects 1796 Land Agreement, Court Told

    The Mohawk Nation says it has numerous outstanding issues regarding a proposed settlement with the state of New York over 2,000 acres of land stemming from a 1796 treaty, arguing that its concerns have yet to be addressed or considered relevant by the court or its present counsel as negotiations continue.

  • February 27, 2024

    SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say

    Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.

  • February 27, 2024

    Hospital Groups Allege Opioid Crisis Damaged Their Finances

    More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Salmon Fishing Mitigation Effort Is Absent, Green Group Says

    Conservation group Wild Fish Conservancy told the Ninth Circuit the district court did not abuse its discretion in "narrowly partially vacating" an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, saying the overarching biological opinion is inconsistent with the Endangered Species Act.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 26, 2024

    EPA Must Act On Failed Skagit River Temps Plan, Tribe Says

    The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    Hydroelectric Co. Asks For Pause On Puyallup Dam Order

    A hydroelectric company appealing to the Ninth Circuit is asking a Washington federal judge to stay an order that directed it to remove part of a temporary rock dam on the Puyallup River, saying the order would require it to make changes that are likely to damage its facility.

  • February 26, 2024

    Justices Say Tribes Can Argue Separately In Healthcare Row

    Two Native American tribes seeking to uphold rulings that ordered the federal government to reimburse them millions of dollars in administrative healthcare costs can argue their cases separately, the U.S. Supreme Court said Monday.

  • February 23, 2024

    SD Bill To Expand Native Voting Rights Put Off To Next Session

    A South Dakota bill aimed at expanding and protecting the voting rights of Native Americans was tabled on Friday when state lawmakers ran out of time to consider the legislation with questions lingering on how to craft its language to ensure compliance with state and federal voting rights laws.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage

    A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.

  • February 23, 2024

    Enviro Orgs. Target Sequoia Forest Restoration Projects

    Several conservation groups are asking a California federal judge to overturn U.S. Forest Service approvals for two post-fire forest restoration projects on parts of the Giant Sequoia National Monument and Sequoia National Forest, claiming they risk harming the sensitive landscapes and making matters worse.

  • February 23, 2024

    Alaska Judge Won't Disturb Oil, Gas Lease Moratorium Order

    An Alaska federal judge rejected bids by the state's development authority to amend or vacate an order upholding a temporary moratorium the Biden administration imposed on an Arctic National Wildlife Refuge Coastal Plain oil and gas program, holding that the case isn't moot after the government canceled its leases.

  • February 22, 2024

    Wash. Tribe Awarded Land Comp Funds After 50-Year Battle

    In a decision the Chinook Indian Nation on Thursday called groundbreaking for other Indigenous communities, the federal government determined that the tribe will receive more than $48,000 from an Indian Claims Commission judgment handed down half a century ago as compensation for the seizure of the tribe's ancestral lands.

  • February 22, 2024

    EPA Puts $5.8B On Tap For Water Infrastructure Projects

    The Biden administration said it's making $5.8 billion available to help pay for water projects around the U.S., steering millions of dollars to states and territories to help overhaul drinking water infrastructure, and wastewater and stormwater systems.

  • February 22, 2024

    Tribal Co., Minn. Agree To Settle Interest Rate Overcharge Row

    Minnesota officials and Montana's Fort Belknap Indian Community have agreed to settle claims that the tribe's economic development corporation engaged in predatory lending practices by charging interest rates up to 800% on loans to thousands of state residents.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    Sports & Betting Group Of The Year: Jenner & Block

    Jenner & Block LLP helps its clients navigate critical moments, including guiding Caesars to victory over a change-skimming lawsuit and engineering a multibillion-dollar sports betting arbitration win for Fox FSG Services in a spat with FanDuel, earning the firm a spot among Law360's 2023 Sports & Betting Groups of the Year.

  • February 21, 2024

    Tribes Say Oil Co. Must Face Tribal Court In $12M Award Fight

    Two Native American tribes have asked a Wyoming district court to block a bid by Merit Energy attempting to stop them from using their tribal judicial system to vacate a $12.6 million arbitration award, saying the company has not yet exhausted all tribal remedies.

  • February 21, 2024

    Alaska Tribes Seek Rights Declaration Over BC Gold Mines

    A consortium of southeast Alaska tribes is asking the Inter-American Commission on Human Rights to hold an investigative hearing and declare that Canada is violating their human rights by considering and approving mines that threaten to pollute cross-border rivers and harm vital salmon fisheries without seeking the tribes' input or consent.

Expert Analysis

  • 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.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

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