Native American

  • May 16, 2024

    Oil & Gas Groups Challenge DOI Overhaul Of Leasing Regs

    A coalition of oil and gas groups has slapped the U.S. Department of the Interior with a lawsuit in Wyoming federal court seeking to unravel the agency's final rule boosting bonding requirements, royalty rates and minimum bids for its onshore federal oil and gas leasing program.

  • May 15, 2024

    9th Circ. Won't Block Arizona Mineral Drilling Projects

    A Ninth Circuit panel on Wednesday refused to block drilling at an exploratory mine in a southern Arizona national forest after a coalition of conservation groups argued the project would threaten imperiled species, finding that the government adequately considered the mine's impact on wildlife.

  • May 15, 2024

    Navajo President Seeks Approval Of Water Rights Settlement

    The Navajo Nation's president has urged the federally recognized tribe's council to approve two historic water rights settlements as soon as possible, saying decadeslong negotiations have finally come to an end and now promise to secure funding for critically needed infrastructure.

  • May 15, 2024

    McGirt Ruling Should Be In 'Full Force' In Tulsa, U.S. Says

    The federal government wants to intervene in a challenge by the Muscogee (Creek) Nation to the city of Tulsa, Oklahoma, that seeks to block city officials from asserting criminal jurisdiction over tribe members on tribal lands, arguing the municipality is violating federal law reiterated in a 2020 high court ruling.

  • May 15, 2024

    Amid Controversy, Gov. Names Tribal Police Chief As Liaison

    South Dakota Gov. Kristi Noem has appointed the former Pine Ridge Reservation chief of police as her administration's new tribal liaison, saying that after he "bravely testified" before a U.S. Senate committee about the cartel presence on tribal lands, he found himself without a job.

  • May 15, 2024

    EPA Urges La. Court Not To Broadly Block Civil Rights Regs

    The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.

  • May 14, 2024

    DOI Urges High Court To Uphold Seminole Gambling Compact

    Secretary of the Interior Deb Haaland is urging the U.S. Supreme Court to deny a petition by two casino operators seeking to undo a sports gambling compact between the state of Florida and the Seminole Tribe, arguing that such agreements may include provisions that address matters off tribal lands.

  • May 14, 2024

    5 Takeaways From FERC's Grid Planning Policy Overhaul

    The Federal Energy Regulatory Commission's sweeping revision of its regional transmission planning policies will completely transform how U.S. grid projects are planned and paid for, but the agency's muscular approach will invite plenty of compliance and legal challenges. Here are five key takeaways from the rule finalized by FERC on Monday.

  • May 14, 2024

    9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid

    The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.

  • May 14, 2024

    Wash. Biz Groups Say EPA Water Regs Impossible To Follow

    Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."

  • May 14, 2024

    9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute

    The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.

  • May 13, 2024

    Hunting Groups Want In On Gray Wolf Protections' Lawsuit

    Several hunting groups have asked a Montana federal court to let them intervene in a gray wolf protection lawsuit brought by environmentalists against the U.S. Department of the Interior, saying they should get involved because their interests aren't adequately represented by the government.

  • May 13, 2024

    Utah, Oil Co. Can Enter BLM Oil Lease Challenge, Judge Says

    Anschutz Exploration Corp. and Utah will get the chance to fight environmentalists' lawsuit challenging the Bureau of Land Management's decision to sell oil and gas leases on more than 200,000 acres of public land, a Utah federal judge has ruled.

  • May 13, 2024

    Ariz. Casino Can't Claim Immunity In Discrimination Row

    Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.

  • May 13, 2024

    US Tells DC Circ. Ayahuasca Church's Settlement Inapt

    Federal regulators are telling the D.C. Circuit to ignore a recent settlement that will allow a Phoenix-based church to continue using ayahuasca in its ceremonies, saying it has nothing to do with the Iowa-based ayahuasca church challenging the IRS's refusal to give it tax-exempt status.

  • May 13, 2024

    FERC Powers Up Major Rewrite Of Grid Planning Policy

    The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.

  • May 13, 2024

    Texas, Mo. Say Border Contractors Lack Interests To Defend

    Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.

  • May 10, 2024

    Ill. Residents Ask Court To Void Alaskan Tribal Co. Loans

    Six borrowers accusing an Alaska-based tribal lending company of making usurious loans at annual rates of as much as 700% or more have filed suit in Illinois federal court, saying it violated racketeering laws and must void the already existing debt.

  • May 10, 2024

    Ariz. GOP Wants A Say In VRA Dispute Headed For 9th Circ.

    The Arizona Republican Party wants to intervene in a Voting Rights Act dispute headed for the Ninth Circuit, arguing that it intends to defend the validity of the provisions of two state redistricting laws that a lower court found violated federal law.

  • May 10, 2024

    Oil Giants Say Tribal Climate Change Row Must Stay Federal

    Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.

  • May 10, 2024

    EPA Tightens Copper-Smelting Toxic Emissions Standards

    The U.S. Environmental Protection Agency is finalizing regulations it says will reduce toxic, cancer-causing emissions from copper-smelting facilities.

  • May 09, 2024

    Efforts To Enact Savanna's Act Falling Short, Lawmakers Say

    Two U.S. senators behind a law aimed at reforming law enforcement protocols to address the crisis of missing and murdered Native American women are pressing the U.S. Department of Justice to step up its efforts to finalize its implementation.

  • May 09, 2024

    Judge Halts DEA's Hearing On Proposed Psychedelics Ban

    An administrative law judge with the U.S. Drug Enforcement Administration has ordered the agency to cancel a June 10 hearing on its proposal to ban two psychedelic substances while a researcher's federal lawsuit challenging the agency's actions plays out in court, according to an order made public Thursday.

  • May 09, 2024

    Caremark Can Seek Arb. In Oklahoma Tribe's Prescription Suit

    An Oklahoma federal court judge has paused a dispute between the Muscogee (Creek) Nation and Caremark LLC until the pharmaceutical company can resolve a bid to compel the tribe into arbitration in an Arizona court over unpaid reimbursement claims.

  • May 09, 2024

    Red States, Electric Co-Ops Challenge EPA Power Plant Rules

    Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.

Expert Analysis

  • How IRA Unlocks Green Energy Investments For Tribes

    Author Photo

    An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.

  • What Nevada 'Superbasin' Ruling Means For Water Users

    Author Photo

    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

    Author Photo

    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

    Author Photo

    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

    Author Photo

    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

    Author Photo

    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

    Author Photo

    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • Series

    Spray Painting Makes Me A Better Lawyer

    Author Photo

    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

    Author Photo

    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Opinion

    Judicial Independence Is Imperative This Election Year

    Author Photo

    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

    Author Photo

    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

    Author Photo

    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Takeaways From EPA's New Methane Emission Rules

    Author Photo

    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • What Recent Study Shows About AI's Promise For Legal Tasks

    Author Photo

    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Native American archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!