Native American

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    CMS Must Rethink $4M Training Contract Award, GAO Rules

    The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S. Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated.

  • February 13, 2024

    Fla. Casinos Ask Justices To Undo Seminole Gaming Compact

    Two Florida casino operators are asking the Supreme Court to reverse a lower federal court's decision that said a compact allowing online sports betting off tribal lands between the Sunshine State and the Seminole Tribe is lawful, arguing that the outcome of the case could set a nationwide precedent as an end-run around state and federal limitations in the Indian Gaming Regulatory Act.

  • February 13, 2024

    Tribes Seek Split Arguments In High Court Healthcare Dispute

    Two Native American tribes are asking the U.S. Supreme Court to allow them to separately argue their positions in seeking to uphold rulings that ordered the federal government to reimburse them millions in administrative healthcare costs, adding that the issues presented in the case are at the core of their ability to perform a critical service on their reservation lands.

  • February 13, 2024

    Arizona Lawmakers Sue Feds Over Grand Canyon Monument

    The top Republicans in the Arizona Legislature and the state treasurer are asking a federal court to overturn President Joe Biden's protection of nearly a million acres in northern Arizona, calling his creation of the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument an "unlawful land grab."

  • February 13, 2024

    Rancher Accuses Biden Admin Of Abusing Antiquities Act

    A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.

  • February 12, 2024

    Activists Ask Justices To Reverse Calif. Tribal Casino Approval

    An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    Judge Amends Camp Operator's $1M Surety Bond Order

    A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.

  • February 12, 2024

    Canadian High Court Affirms Native Child Welfare Act Lawful

    The Supreme Court of Canada has determined that federal legislation giving Indigenous nations jurisdiction over their own child welfare services is constitutional, reversing a lower court's decision that partially invalidated the law after Quebec officials argued the Trudeau administration overstepped its legislative authority in approving it.

  • February 09, 2024

    9th Circ. Judge Doubts Continued Role In Tribal Fishing Fight

    A Ninth Circuit judge on Friday questioned whether federal courts' 50-year stretch of close supervision of Washington tribal fishing rights was too long, in a case involving the Stillaguamish Tribe of Indians' dispute with several other tribes involving fishing territories in coastal waters.

  • February 09, 2024

    SunZia Line Developer To Argue Against DOI Injunction Bid

    The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.

  • February 09, 2024

    Ore. Dam Can Be Reviewed In 5 Years, Judge Says

    An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 08, 2024

    Wash. Judge Says Tribes Can't Seek Cultural Damages

    A Washington federal judge said the Confederated Tribes of the Colville Reservation can't seek millions of dollars of cultural resource damages over discharges from a Teck Resources Ltd. unit's smelter in Trail, British Columbia, holding that such damages can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 08, 2024

    Ariz. County Has Widespread Voting Problems, Suit Alleges

    A civil rights nonprofit and an enrolled member of the Choctaw Nation are asking an Arizona state court for a slew of injunctions and declaratory judgments against officials in Maricopa County, arguing that the municipality has widespread problems with absentee ballots, chain-of-custody issues and voting computer software.

  • February 08, 2024

    New Eagle Rule Aims To Expand Clean Power, Protect Birds

    Federal wildlife regulators on Thursday put out streamlined permitting for wind farms, power lines and other projects that unintentionally kill, injure and disturb bald and golden eagles, a move welcomed by clean power and conservation groups.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    States Back ND Lawmaker's Bid To Overturn VRA Ruling

    More than two dozen states are backing an Eighth Circuit bid by North Dakota Secretary of State Micheal Howe to overturn a ruling that affirmed Voting Rights Act violations, arguing that despite the law's clarity, the district court allowed private plaintiffs to challenge a redistricting plan.

  • February 07, 2024

    Young KC Chiefs Fan's Parents Sue Deadspin For Defamation

    The parents of a 9-year-old Kansas City Chiefs fan who's Native American have hit sports news publication Deadspin with a defamation lawsuit in Delaware state court accusing it of using a photo of their son, wearing a feather headdress and red and black face paint at a game, out of context in order to label the family "bigots" who hate both Black and Native American people.

  • February 07, 2024

    Judge Sides With Wis. Tribe In HOA Property Dispute

    The Menominee Indian Tribe got a win in Wisconsin federal court in a case in which a Wisconsin neighborhood association said the federal government breached its community restrictive covenants when it took land into trust for the tribe, with the judge agreeing to dismiss the suit.

  • February 07, 2024

    ND Tribes Ask High Court To Toss 8th Circ. Privilege Ruling

    Two North Dakota tribes are asking the U.S. Supreme Court to scrap an Eighth Circuit ruling they say improperly held state lawmakers are immune from civil discovery in federal courts, even if the discovery the tribes sought is no longer needed after a judge ruled in their favor in a Voting Rights Act suit.

  • February 07, 2024

    Mass. Residents Want High Court To Undo Tribe's Land Grant

    A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.

  • February 06, 2024

    SEC May Seek Default Judgment In $3.4M Stock Scam Suit

    The U.S. Securities and Exchange Commission is urging a federal district court to reject a stay bid by a Native American microcap company, arguing that it intends to ask for a firm date on which it may move for a default judgment in the $3.4 million stock scam suit.

Expert Analysis

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • EPA Draft Plastic Pollution Plan Offers Opportunities For Cos.

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    The U.S. Environmental Protection Agency's recently released draft national strategy to prevent plastic pollution, if implemented as is, will have serious implications for waste collection and processing businesses, but also highlights growth opportunities for companies seeking to capitalize on the emerging circular economy, say attorneys at DLA Piper.

  • 4 Legal Issues Grant-Funded Broadband Projects May Face

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    The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Washington State Puts Environmental Justice At The Forefront

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    Two laws — the Healthy Environment for All Act and the Climate Commitment Act — have given Washington one of the most progressive environmental justice frameworks of any state in the country, and the resulting regulatory framework, which became fully effective on July 1, makes environmental justice assessments a key part of many projects, say attorneys at K&L Gates.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Is There A New 'Moderate Questions' Doctrine?

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    The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.

  • DC Circ.'s Perchlorate Ruling Means Regulatory Restart

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    The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • The Road Ahead For EPA's Greenhouse Gas Reduction Efforts

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    Recent U.S. Environmental Protection Agency actions could help the Biden administration's goals of decarbonizing the electricity sector, but they will have to potentially overcome technical, legal and political challenges, says Andrew Shaw at Dentons.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • What Purdue Ch. 11 Means For Future Of Third-Party Releases

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    The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

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