Native American

  • July 11, 2024

    Calif. Tribe Seeks $8.2M For Cultural Site Destruction

    The Quechan Indian Tribe is asking a California federal judge to award it $8.2 million after the court found that a federal government construction project to replace poles for 9 miles of transmission lines damaged 10 cultural and sacred archaeological sites on the tribe's reservation.

  • July 11, 2024

    $1M Fine 'Substantial' In Wash. Dam Settlement, Judge Says

    A Washington federal judge, over objections from tribes and environmental groups, is allowing the government to enter into a proposed consent decree that would settle Clean Water Act violations, saying a $1 million fine against dam operator Electron Hydro is substantial.

  • July 11, 2024

    Judge Grants Tesoro Injunction In Pipeline Fight With Feds

    A North Dakota federal judge has granted a Marathon Petroleum Corp. subsidiary's request for an injunction to block an Interior Department order vacating several decisions related to a pipeline crossing through part of the Fort Berthold Indian Reservation.

  • July 11, 2024

    Marathon Oil To Pay $241.5M Over North Dakota Emissions

    The U.S. Department of Justice revealed on Thursday that it has reached a $241.5 million settlement with Marathon Oil, resolving allegations of Clean Air Act violations tied to the company's oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota.

  • July 11, 2024

    Top Atty At Army Center Of Military History Joins Shook Hardy

    The former chief counsel for the U.S. Army Center of Military History has joined Shook Hardy & Bacon LLP as co-chair of the firm's growing art law practice, the firm announced Thursday.

  • July 10, 2024

    Southern Ute Say Colo. Can't Regulate Tribe's Online Games

    The Southern Ute Indian Tribe is suing Colorado Gov. Jared Polis in federal court for allegedly violating a state-tribal gaming pact by overstepping his right to regulate online gambling, arguing that the tribe's Division of Gaming is the Sky Ute Casino Resort's regulator.

  • July 10, 2024

    Utah Goes 'Too Far' In Seeking Order Clarity, Tribe Says

    A Native American tribe asked a federal district judge Tuesday to deny a bid by Utah to clarify a June order that dismissed the tribe's racial-bidding scheme claims against several state officials, arguing that the state is using the request as a vehicle to ax all remaining allegations in the tribe's suit.

  • July 10, 2024

    Mont. High Court Weighs Youths' Right To Sue In Climate Case

    The Montana Supreme Court on Wednesday wrestled with whether to revive state law provisions that bar the consideration of greenhouse gas emissions in permitting decisions that were struck down by a lower court judge, querying both sides whether the youth plaintiffs had standing to sue.

  • July 10, 2024

    Rural Broadband Org. Calls For Speedier Permitting Process

    A rural broadband advocacy group is urging Congress to pass two companion bills that would enable the use of online portals to expedite the permitting process to build high-speed networks on federal lands.

  • July 10, 2024

    DOI Pledges $120M For Tribal Climate Resiliency Efforts

    The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.

  • July 09, 2024

    Judge Says Alaska Tribal Healthcare Provider Can Access Info

    The Alaska Native Tribal Health Consortium can't limit one of its member's governance and participation rights in seeking legally privileged information involving sexual misconduct allegations against the consortium's former president, a federal judge has said, while also enforcing a previous judgment that allows access to some of the group's documents.

  • July 09, 2024

    'Plain English, Graphics, Pictures': Enviro Policy Post-Chevron

    Environmental policymakers will have to start writing their rules using "plain English, graphics, pictures" and other tactics to make the rationale behind agency and congressional policy crystal clear to judges in the wake of the U.S. Supreme Court's recent decision striking down Chevron deference, attorneys told Law360.

  • July 09, 2024

    Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award

    An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.

  • July 09, 2024

    Bill Would Approve Largest Tribal Water Rights Settlement

    A bipartisan group of Arizona federal lawmakers has introduced legislation that, if approved, would authorize the country's largest Native American water rights settlement and resolve claims by the Navajo Nation and the San Juan Southern Paiute and Hopi tribes.

  • July 08, 2024

    Tire Cos. Say Fishing Groups' Claims Fall Flat In ESA Row

    Tire companies are pushing a California federal court to toss an Endangered Species Act suit over a rubber additive that harms salmon, saying the case by fishing groups wrongly seeks to transform the ESA into a product regulatory statute that steps outside the act's congressional intent.

  • July 08, 2024

    BLM Faces Challenges To Alaska Oil Reserve Protections

    The state of Alaska and a nonprofit group are seeking to vacate a federal rule ensuring maximum environmental protections for more than 13.1 million acres in the state's National Petroleum Reserve and banning new oil and gas leasing on another 10.6 million acres, arguing the new law turns the land into a "de facto" wilderness.

  • July 08, 2024

    Tribe Says NY Counties Want It To Pay For 911 Access

    The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.

  • July 05, 2024

    Miss. Casino Aims To Void Cherokee Ark. Gaming License

    A Mississippi casino is asking a judge to void an Arkansas gaming license issued to Cherokee Nation Entertainment, arguing a county judge and other legislative officials were coerced into offering support for its casino proposal through an economic development agreement that forced them to back only one applicant.

  • July 05, 2024

    Judge Says Michigan Not Immune From Enbridge's Line 5 Suit

    A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Feds Say Alaska Tribes Can't Prevail In Broadband Row

    The U.S. Department of Agriculture's Rural Utilities Service says that it shouldn't be forced to retract $70 million in broadband funds it gave to two Alaskan telecoms because the tribes challenging its decision don't count as tribes under the definition the program is using.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

Expert Analysis

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FERC Rule Is A Big Step Forward For Transmission Planning

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    The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • 2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses

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    The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Opinion

    Reform NEPA To Speed Mining Permits, Clean Energy Shift

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    It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

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