Native American

  • January 31, 2024

    MAGA Hat Teen Asks Justices To Hear Suit Against Media Cos.

    A man suing news organizations for defamation over their coverage of an encounter he had with a Native American activist while he was a teenager wearing a "Make America Great Again" hat is asking the U.S. Supreme Court to revive his claims, saying the Sixth Circuit was wrong to decide that descriptions of his actions during the confrontation were protected opinion.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 30, 2024

    EEOC's Kotagal Touts New Effort To Bolster Worker Outreach

    The U.S. Equal Employment Opportunity Commission has launched a new initiative led by Commissioner Kalpana Kotagal aimed at making the agency more accessible to workers from marginalized communities, especially in remote parts of the country where the agency's physical presence is limited. 

  • January 30, 2024

    Feds Say Talks Preferred In Wis. Tribal Roads Trespass Suit

    The federal government has said it prefers a negotiated resolution with a northern Wisconsin town that allows it to remain part of a tribal road system, but if an agreement can't be reached, it will continue to pursue trespassing claims and past damages against the municipality.

  • January 30, 2024

    Pipeline Cos. To Pay $7.4M For Oil Spill On Tribal Land

    U.S. officials are proposing an agreement for two companies to pay $7.4 million in penalties to settle Clean Water Act claims stemming from a July 2022 pipeline rupture in Oklahoma that spilled several hundred thousand gallons of crude oil into a creek on land owned by the Sac and Fox Nation.

  • January 30, 2024

    Tribe's Repeat Default Bids Disrespect Court, Blue Cross Says

    Blue Cross Blue Shield of Michigan says a Native American tribe's third request for a default win in its suit alleging the insurer overcharged for tribe members' care is disrespectful and constitutes a continued violation of a court order for the tribe to identify members involved in the insurance plan.

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

  • January 29, 2024

    Green Groups Oppose Extension Of Mont. Coal Mine Analysis

    Conservation groups are fighting the U.S. government's bid for more time to correct a faulty environmental analysis of a coal strip mine expansion near the city of Colstrip, Montana, arguing that a federal court already said it would halt mining if changes weren't made within 19 months.

  • January 29, 2024

    No Need To Stop Salmon Fishing To Help Orcas, 9th Circ. Told

    Alaska, the U.S. government and a fishing trade group are all urging the Ninth Circuit to reverse a lower court ruling vacating an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, arguing the district court inflated questionable benefits to prey availability for endangered killer whales and failed to consider harms to Alaska communities.

  • January 29, 2024

    Justices Set March Arguments In Tribal Healthcare Dispute

    The U.S. Supreme Court will hear arguments in March on two federal government petitions seeking to overturn orders that have the potential to cost $2 billion a year to support Native American tribes that provide insurer-funded services to their members.

  • January 29, 2024

    ND Assembly Can't Intervene In VRA Appeal, 8th Circ. Says

    The North Dakota Legislative Assembly can't intervene in an appeal by Secretary of State Micheal Howe seeking to overturn a lower court's ruling that found the government body's redrawing of districts violated Section 2 of the Voting Rights Act, the Eighth Circuit said.

  • January 26, 2024

    Museums Cover Native Exhibits In Renewed Repatriation Push

    Museums and other institutions throughout the country are covering exhibits that display Indigenous artifacts as updates to a federal law governing the repatriation of remains and culturally affiliated objects has gone into effect.

  • January 26, 2024

    Biden Stokes LNG Uncertainty With Export Review Pause

    The Biden administration's pause of its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S. will delay several projects and have potential customers question whether their supply agreements can ultimately be honored.

  • January 26, 2024

    Oglala Sioux File Suit For More Law Enforcement Funding

    The Oglala Sioux Tribe has accused the U.S. government of failing to help it hire enough law enforcement officers on the Pine Ridge Indian Reservation, saying in a South Dakota federal lawsuit that the U.S. Department of the Interior must adhere to its treaty and trust responsibilities.

  • January 26, 2024

    Judge OKs Consent Decree In Nebraska Tribe's VRA Dispute

    A federal judge will allow a consent decree that will resolve Voting Rights Act violation claims brought by two Native American tribes against Thurston County, Nebraska, officials to go forward, saying the settlement reasonably resolves difficult voting rights issues in a manner that is fair to all parties.

  • January 26, 2024

    Feds Lodge Decree, CWA Claims Against Idaho Sawmill

    A PotlatchDeltic Corp. unit will pay $225,000 to resolve a dozen Clean Water Act claims stemming from permit violations at an Idaho sawmill and lumberyard, involving discharges of stormwater pollutants into designated bull trout habitat and waters of the Coeur d'Alene Tribe, according to a federal complaint and proposed consent decree.

  • January 26, 2024

    Enviro Org., Feds Seek Wins In Mid-Atlantic Fishery Reg Fight

    The Natural Resources Defense Council and U.S. government are squaring off over summer flounder, black sea bass and scup fishing regulations for mid-Atlantic states, with the former telling a D.C. federal judge they unlawfully allow overfishing while the latter claims they are appropriate changes to address recreational fishing management challenges.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Don't Tax Broadband Deployment Money, Telecom Groups Say

    A group of telecommunications trade associations are asking Congress to grant their members tax breaks for broadband deployment costs, saying that without the proposed legislation, money intended to help bring broadband to currently out-of-reach households would return to the government in tax payments.

  • January 26, 2024

    Biden Admin Pauses LNG Reviews Over Climate Concerns

    The Biden administration on Friday said it would pause its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., and revise its export policy to greater account for LNG's impacts on climate change and energy prices.

  • January 25, 2024

    Opioid Nuisance Query Better For W.Va. Court, 4th Circ. Hints

    A Fourth Circuit panel asked repeatedly Thursday why no one had sought help from West Virginia's high court in a bellwether legal clash over whether anti-nuisance laws can be used to target the drug companies that supplied pharmacies amid the opioid crisis.

  • January 25, 2024

    Seattle Settles BLM Protesters' Police Brutality Suit For $10M

    The city of Seattle has agreed to a $10 million settlement to end a lawsuit brought by more than 50 protesters who say they were brutalized by its police force during Black Lives Matter demonstrations in the summer of 2020.

  • January 25, 2024

    ACLU Says Native American Inmate Denied Religious Rights

    The ACLU of Rhode Island is asking a federal district court for an order that will allow a Native American inmate to wear an Apache headband as part of his religious beliefs, arguing in a lawsuit that the state's Department of Corrections' refusal of the requests violates his rights under federal law designed to protect the religious freedom of incarcerated individuals.

  • January 25, 2024

    States, Industry Back Feds' Land Swap Fight At 9th Circ.

    The states of Idaho and Utah, the U.S. Chamber of Commerce and the National Mining Association have joined the federal government in urging the Ninth Circuit to overturn a lower court ruling in favor of the Shoshone-Bannock Tribes' challenge to a land transfer intended for the expansion of a fertilizer plant.

  • January 25, 2024

    Alaskan Guide Co. To Pay $900K For Fire On Native Lands

    An Alaskan fishing guide service will pay $900,000 to resolve claims brought by the U.S. Department of the Interior accusing one of its guides of lighting an illegal campfire that ultimately burned through 176 acres of Native and federal public lands, according to the U.S. Department of Justice.

Expert Analysis

  • Takeaways From Tribes' High Court Adoption Case Victory

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    The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Opinion

    Okla. Bill Represents Restorative Justice For Tribal Students

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    Oklahoma law will soon confer Native American students with the right to wear traditional regalia during graduation ceremonies, removing uncertainty for Native American students and providing long-overdue restorative justice in the relationship between tribes and schools, says Bree Black Horse at Kilpatrick.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Bid Protest Spotlight: Timeliness, Discovery, Registration Gap

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office that consider the timeliness of a protest filing, discovery beyond the administrative record and a lapse in System for Award Management registration.

  • Sackett's US Waters Redefinition Is A Boon For Developers

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    The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.

  • Opinion

    Despite Its Plan Objections, UST Also Won In Purdue Ch. 11

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    The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • EPA Nod For La. Program Bodes Well For Carbon Storage

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    The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • As Sackett Trims Feds' Wetlands Role, States May Step Up

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    The U.S. Supreme Court's recent decision in Sackett v. U.S. Environmental Protection Agency extinguishes federal authority over many currently regulated wetlands — meaning that federal permits will no longer be required to discharge pollutants in affected areas, but also that state regulators may take a more active role, say attorneys at Kelley Drye.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

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