Native American

  • April 19, 2024

    EPA Says 2 'Forever Chemicals' Are Hazardous Substances

    The U.S. Environmental Protection Agency on Friday officially declared two "forever chemicals" to be hazardous materials under federal law, which could bring a host of consequences for Superfund site cleanups and development projects.

  • April 18, 2024

    NY Tribe Says Smoke Shop Group Can't Be Trusted With Data

    The Cayuga Nation is urging a New York federal judge to keep one of the entrepreneurs it's accused of opening up an unlicensed smoke shop on tribal land from viewing spreadsheets purportedly detailing lost revenues the tribe suffered due to the store's operation, claiming he'll use the information to hurt the tribe's business.

  • April 18, 2024

    BLM Prioritizes Conservation On Federal Land In Final Rule

    The Biden administration finalized a rule Thursday that prioritizes the conservation of federal lands through new initiatives like leasing frameworks that center on restoration and mitigation.

  • April 18, 2024

    Enbridge Says Feds' Pipeline Brief Aids Michigan Case

    Enbridge Energy has said the U.S. government's recent brief to the Seventh Circuit in separate litigation over its Line 5 pipeline backs its challenge against Michigan over the state's attempts to shutter the project, arguing the federal government has a strong interest in ensuring that trade and diplomatic relations with Canada aren't affected.

  • April 18, 2024

    Pharma Co. Wants Tribe's Opioid Suit To Stay In Federal Court

    A pharmaceuticals distributor has asked an Oklahoma federal court to reject a magistrate judge's recommendation to move to state court a suit accusing it of flooding the Cherokee Nation's communities with opioids, saying the tribe's complaint raises a substantial question of federal law.

  • April 18, 2024

    NCAA Rips 'Vague' Claims In Student-Athlete's Transfer Suit

    The NCAA has urged a West Virginia federal judge to toss a suit from a 22-year-old student-athlete alleging the organization tried to prevent him from being eligible to play basketball following a mid-season transfer, saying the suit is too vague to pass muster.

  • April 18, 2024

    No Redo For Insurers In COVID-19 Coverage Row, Tribe Says

    The Ninth Circuit should stand by its decision ordering an AIG unit and other insurers to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, the tribe told the appeals court, saying the insurers' request for a do-over distorts the panel's decision and controlling law.

  • April 18, 2024

    9th Circ. Affirms Rosette's Win In Tribe Representation Fight

    The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.

  • April 17, 2024

    Minn. Operator Wants To Stop Casinos' Class III Gambling

    The operator of a commercial casino and horse racetrack has sued three tribal-owned casinos in Minnesota federal court on claims they're violating the Racketeer Influenced and Corrupt Organization Act, accusing them of running criminal gambling activities that break state and federal laws.

  • April 17, 2024

    Tribal Groups Say Final Fish Harvesting Rule Violates NEPA

    Two Alaskan tribal organizations are asking a federal court to vacate a final groundfish harvest rule for the Bering Sea and Aleutian Islands, arguing that it fails to account for the rapid and unprecedented shifts in their ecosystems caused by climate change over the past two decades.

  • April 17, 2024

    Republican AGs Petition EPA To Drop Enviro Justice Initiative

    Attorneys general from 23 primarily Republican-led states on Tuesday demanded that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.

  • April 17, 2024

    Florida Pleads With Judge To Stay Water Permit Ruling

    Florida called on a D.C. federal judge to pause his ruling vacating the U.S. Environmental Protection Agency's approval of the state's application to assume control of a Clean Water Act permitting program, amid its D.C. Circuit appeal.

  • April 17, 2024

    FERC Won't Rethink Pacific Northwest Gas Project Approval

    The Federal Energy Regulatory Commission on Tuesday stood by its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest opposed by Washington and Oregon officials, but Commissioner Allison Clements said there is significant evidence that the project is not needed.

  • April 17, 2024

    Ariz. Tribes Lose Bid To Block SunZia Power Line Project

    An Arizona federal judge on Tuesday rejected a request by Native American tribes and environmentalists to block work on SunZia's $10 billion transmission line in a southeastern valley known for its historic and cultural significance, finding that their claims are likely time-barred by a six-year statute of limitations that began in 2015.

  • April 17, 2024

    Feds, Tribe Say Settlement Talks Failed In Water Pipeline Row

    The Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service asked a New York federal court to opt out of mediation talks after the tribe said the agency refused its settlement offer in litigation challenging a right-of-way permit for a wastewater pipeline.

  • April 16, 2024

    Tribal Groups Want Full 9th Circ. To Rehear Oak Flat Appeal

    An Apache nonprofit is asking the Ninth Circuit's entire 29-judge panel to review its lawsuit that seeks to block a copper mining company from destroying a sacred Indigenous religious site, arguing that an en banc hearing is warranted given the appellate court's latest split decision on the land transfer.

  • April 16, 2024

    Wis. Bank Must Face Bias Claims In Tribal Peyote Case

    A Wisconsin federal judge ruled Tuesday that a local bank cannot avoid discrimination claims in a suit that accuses it of denying service to Indigenous company Medicine Fireplace, whose members use the psychoactive peyote plant in their religious ceremonies.

  • April 16, 2024

    Broadband Subsidy Backers Seek To Force House Vote

    Nearly 300 groups urged Congress to extend the Affordable Connectivity Program, but as a bill to do so picked up support from more than half of U.S. House lawmakers, a vote on replenishing the fund remains up in the air.

  • April 16, 2024

    Tribes, Lawmakers Call On Biden To Protect Historic Sites

    A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.

  • April 15, 2024

    Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

    Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.

  • April 15, 2024

    Biden Approves Disaster Declarations For States, Tribe

    The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.

  • April 15, 2024

    9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid

    The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.

  • April 15, 2024

    High Court Won't Hear California Tribal Casino Dispute

    The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.

  • April 12, 2024

    DEA Unlawfully Pushing Psychedelics Ban, Researcher Says

    A psychedelic research company has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to ban two psychedelic substances, saying the agency's process for bringing the matter before an administrative judge has been unlawful.

  • April 12, 2024

    DOI Sews Up Overhaul Of Oil Leasing Regs And Rates

    The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.

Expert Analysis

  • 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.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

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