Native American

  • May 08, 2024

    ND Changes Course In Residents' High Court VRA Dispute

    In a move Native American tribes are calling "unconscionable," North Dakota Secretary of State Michael Howe is asking the U.S. Supreme Court to vacate and remand Voting Rights Act litigation, saying the state is unable to defend the basis for which it won the lawsuit.

  • May 08, 2024

    BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

    The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

  • May 08, 2024

    In Final Memo, Blumenauer Eyes Path Forward For Cannabis

    Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who plans to retire this year, is calling marijuana reform a "winning issue" for policymakers and outlined numerous actions both legislators and federal agencies can take to move the issue forward.

  • May 08, 2024

    Mont. Tribe Says Feds Must Sign Law Enforcement Contract

    The Northern Cheyenne Tribe has accused the U.S. government of failing to provide the tribe with adequate law enforcement services, urging a Montana federal judge to order it to sign a tribal self-determination contract with an annual funding amount of at least $325,829.

  • May 07, 2024

    DOI Gives States And Tribes $148M For Drought Resiliency

    The U.S. Department of the Interior has said it has invested nearly $148 million to help states and Native American tribes prepare for water reliability challenges due to drought and other scarcity concerns, saying the money will go to 42 projects in 10 states.

  • May 07, 2024

    PolyMet Land Swap Discovery Order Paused, For Now

    PolyMet Mining doesn't have to produce information it had previously withheld in a Minnesota tribe's challenge to undo a land swap, a federal district court determined after the company asked for emergency relief to avoid any potential harm it said could come from wrongfully disclosing privileged documentation.

  • May 07, 2024

    Alaska Tribes Say USDA Didn't Consult On Broadband Grants

    Two Alaskan tribes are taking the U.S. Department of Agriculture to federal court after they say the agency gave away $70 million in funds meant to help connect them to the internet after falsely declaring them "served" without checking with the tribes, as they were legally obligated to do.

  • May 07, 2024

    Energy Dept. Says Red States Can't Block LNG Export Pause

    The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.

  • May 06, 2024

    US Army Looks To Dismiss Tribe's Repatriation Lawsuit

    The U.S. Army is seeking to dismiss efforts by a Native American tribe to repatriate the remains of two boys from one of the largest former Indian boarding schools in the country, arguing that it is "ready and willing" to assist to return them to their final resting places.

  • May 06, 2024

    Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling

    Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.

  • May 06, 2024

    Chickasaw Can't Reopen Optum Prescription Payback Suit

    An Oklahoma federal judge has denied a bid by the Chickasaw Nation to reopen its lawsuit over prescription reimbursement claims, ruling that the tribe has not met its burden of showing that provider UnitedHealth Group's Optum waived its right to arbitration.

  • May 06, 2024

    Prof's Free Speech Suit Over Native Land Statement Falls Flat

    A federal judge has tossed a professor's suit alleging the University of Washington violated his First Amendment rights after he opposed including an acknowledgment of Native Americans in his syllabus for a computer science course, saying his stance created a burden for the school.

  • May 06, 2024

    Feds Agree To Terminate Pipeline's Right-Of-Way Permit

    A New York federal judge has paused litigation between the Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service for 75 days while the agency terminates a right-of-way permit for a wastewater pipeline, saying it is "in the interest of judicial economy" and recognizing the tribe's concerns.

  • May 03, 2024

    Navajo Ask Biden To Stop Uranium Movement On Tribal Lands

    The Navajo Nation's government leaders are calling on President Joe Biden to halt the transport of uranium ore across the tribe's reservation lands, arguing that the practice disregards its laws and threatens its territorial integrity and sovereignty.

  • May 03, 2024

    Fed Bill Will Give Ga. Its First Nat'l Park, Protect Burial Lands

    Georgia congressional lawmakers have introduced bipartisan legislation that would establish the Peach State's first national park, upgrading the site from its national monument status while also offering protections for more Native American burial mounds.

  • May 03, 2024

    Fla. Business Groups Line Up Behind State In CWA Permit War

    A coalition of national companies and Florida-based business groups is weighing in on behalf of the state in its battle to convince the D.C. Circuit to stay a lower court's ruling that stripped it of the authority to administer a Clean Water Act program.

  • May 03, 2024

    Publix Can't Send Questions To Ga. Justices In Opioid Suit

    A federal judge overseeing national opioid litigation has rejected Publix's bid to ask the Georgia Supreme Court "convoluted and confusing" questions about if the state's public nuisance law applied to allegations the supermarket chain overdistributed painkillers.

  • May 02, 2024

    Congress Wants More Data On Broadband Program's Value

    The Affordable Connectivity Program — which is rapidly running out of money — was on everyone's tongues at a Senate subcommittee hearing on broadband affordability Thursday morning, with Democrats and Republicans agreeing on little more than the need for more data on how many Americans rely on the subsidy to stay online.

  • May 02, 2024

    Biden Expands Protections For 2 National Monuments In Calif.

    President Joe Biden on Thursday expanded protections on nearly 120,000 acres of land for two California national monuments considered sacred to Native Americans, while permanently returning one to its original Indigenous name.

  • May 02, 2024

    No Damages For Native Americans In State Prison

    A group of Native Americans is not entitled to millions in compensation for wrongful prosecution and incarceration in state prison, a Federal Circuit panel said, finding that the group's arguments that provisions of two 19th century self-government rights' treaties as "money-mandating" are unpersuasive.

  • May 02, 2024

    Haaland Faces Senate Heat Over Interior Dept.'s Land Policies

    U.S. Secretary of Interior Deb Haaland on Tuesday defended her agency's commitment to fostering energy development on public lands as U.S. senators criticized her agency over issues ranging from new rules to the pace of energy leasing and project permitting.

  • May 02, 2024

    11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

    The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.

  • May 01, 2024

    DC Circ. Scrutinizes Social Welfare In Tribe's Land Trust Bid

    The D.C. Circuit on Wednesday grappled with whether a Native American tribe's bid to compel the federal government to take land into trust for a casino venture would promote tribe members' social welfare, as one judge sounded wary of such a move's repercussions.

  • May 01, 2024

    9th Circ. Slams Door On Kids' Climate Case

    The Ninth Circuit ordered an Oregon federal judge Wednesday to immediately dismiss a closely watched suit by young adults against the federal government over the effects of climate change, saying its earlier order to end the matter could not be brushed off.

  • May 01, 2024

    Feds Approve Disaster Aid For Oklahoma Storm Victims

    Three Oklahoma counties will receive federal aid to help recover from severe storms and tornadoes that left four dead and nearly 300 injured last month, with damage totals likely to grow as assessments continue throughout the Sooner State.

Expert Analysis

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

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    In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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