Native American

  • January 09, 2024

    Feds Allege CWA Violations At Navajo Water Treatment Plants

    The United States has sued the Navajo Tribal Utility Authority on behalf of the U.S. Environmental Protection Agency, saying it is not compliant with the Clean Water Act and has failed to take necessary steps to stop wastewater pollution.

  • January 08, 2024

    ND Must Adopt Tribes' Redistricting Plan, Judge Says

    The North Dakota Legislative Assembly must adopt two tribes' plan to correct Voting Rights Act violations, a federal district judge ruled on Monday, while denying state lawmakers' time extension request to implement a remedial redistricting map past the court-ordered Dec. 22 deadline.

  • January 08, 2024

    Tribes Withdraw Appeal Seeking To Halt Nev. Lithium Mine

    Three Native American tribes have dropped their Ninth Circuit fight to revive a lawsuit seeking to block an open-pit lithium mine in northern Nevada, but tensions remain high as project opponents have clashed at the site and in state court.

  • January 08, 2024

    Jury 'Confused' In Shampoo Contract Case, Conn. Judge Told

    A shampoo fragrances supplier urged a Connecticut state judge to overturn a trial verdict in favor of a botanical scent producer in a contract dispute, arguing Monday that the jury's likely bafflement over the agreement's terms should invalidate its finding.

  • January 08, 2024

    Tulsa Has Interest In Prosecuting Native Crimes, Officials Say

    The city of Tulsa has a strong interest in enforcing criminal law within its boundaries, its officials said, arguing that concurrent jurisdiction with the Muscogee (Creek) Nation over Native Americans who commit crimes within its boundaries is "paramount" to the Oklahoma tribe's safety.

  • January 08, 2024

    Justices Snub Alaska's Effort To Revive Pebble Mine Project

    The U.S. Supreme Court on Monday declined to take up Alaska's challenge to the Environmental Protection Agency's action blocking the construction of a mine in a wilderness area that's home to important fisheries.

  • January 08, 2024

    High Court Won't Revive Deadly Native Road Washout Suit

    The U.S. Supreme Court on Monday declined to revive a wrongful death and injury lawsuit stemming from a washed-out road on the Standing Rock Sioux Tribe's reservation, affirming an Eighth Circuit decision that dismissed the case against the Bureau of Indian Affairs for lack of jurisdiction based on a federal tort liability.

  • January 08, 2024

    Justices Nix Irrigation District's Water Rights Remand Request

    The U.S. Supreme Court on Monday ruled that an Oregon irrigation district must pursue its claims against the U.S. Bureau of Reclamation over how water is managed for endangered species and Native American tribes in federal court, not state court as the district wanted.

  • January 05, 2024

    Court Should OK Tribes' Indian Country Status, Okla. AG Says

    Oklahoma Attorney General Gentner Drummond and Ottawa County District Attorney Douglas Pewitt say they don't oppose a federal court declaration that says lands contained within the historic boundaries of four tribes' reservations maintain their status as Indian Country, arguing that precedent allows such a determination.

  • January 05, 2024

    Minn. County Accuses Feds Of Illegally Taking Land For Tribe

    A Minnesota county has sued the U.S. government in federal court, claiming the Interior Board of Indian Appeals wrongly allowed it to accept about 3,238 acres of land into trust for the Mille Lacs Band of Ojibwe Indians and has threatened the county's tax revenue.

  • January 05, 2024

    Tribal Healthcare Dispute Could Upend Law, Justices Told

    Any requirement for Indian Health Services to pay contract support costs for activities funded by a tribe's third-party income would upend the Indian Self-Determination and Education Assistance Act, the federal government told the U.S. Supreme Court, saying two appellate courts erred when interpreting the law to determine that those additional healthcare expenses must be reimbursed.

  • January 05, 2024

    Stay Would Let Camp Co. Keep Reaping Millions, Tribe Says

    The Blackfeet Nation is urging a Montana federal judge to reject a campground operator's bid to stay a ruling that its lease was canceled 15 years ago, arguing the company is only trying to keep unlawfully occupying and profiting from its land.

  • January 04, 2024

    Fragrance Co. Skewers 'Fallacy' Behind Verdict Challenge

    A Connecticut-based botanical fragrance producer slammed a shampoo fragrance supplier's bid to toss a jury verdict that let the producer escape its $8 million suit over a contract dispute, saying the supplier has no reason to think the jury was confused and that the basis for its request "hinges on a fallacy."

  • January 04, 2024

    NM Cannabis Regulators Hit 2 Growers With $2M In Fines

    The state of New Mexico's cannabis regulation unit has levied $2 million total in fines against two marijuana-growing operations while stripping them of their licenses, saying they violated a slew of rules governing plant count, cultivation plans, required tracking software and various security measures.

  • January 04, 2024

    Indigenous Group Can Add 4 People To SD Hotel Bias Suit

    A South Dakota federal judge has ruled that an Indigenous advocacy group has good cause to file a third amended complaint in its lawsuit accusing a hotel and casino of discriminating against Native American patrons after a fatal shooting on its premises, saying it can add four plaintiffs by name.

  • January 04, 2024

    Native Group Dismissed From NFL Conspiracy Litigation

    A federal district court judge on Thursday agreed to dismiss the National Congress of American Indians from litigation brought by a Native American activist group while keeping the $1.6 million defamation and civil conspiracy bid against Washington Commanders' owner Josh Harris and premium sales manager Matthew Laux in play.

  • January 04, 2024

    Feds Defend Right To Sink States' Rio Grande Water Deal

    The U.S. government told the nation's top court that approval of a proposed arrangement to settle long-running Rio Grande water disputes between Texas, New Mexico and Colorado would improperly extinguish its claims against one of the states, impose new burdens and overstep their original compact.

  • January 03, 2024

    SD Tribe Says Feds Still Aren't Following Police Funding Order

    The federal government is violating a court order by refusing to help the Oglala Sioux Tribe revise its funding requests to reflect a South Dakota federal judge's finding that the government has a duty to support law enforcement on the tribe's reservation, the Oglala Sioux claimed in its bid to enforce the order.

  • January 03, 2024

    Seneca Nation Suit Over NY Thruway Headed For Mediation

    A federal district court judge has agreed to extend the deadlines for motions in a long-running challenge by the Seneca Nation to New York over a portion of the state's thruway that runs through the federally recognized tribe's reservation land after the parties said they have agreed to pursue mediation.

  • January 03, 2024

    ND Residents Intend To Take VRA Dispute To High Court

    Two North Dakota residents want the U.S. Supreme Court to overturn a federal district court ruling that determined that two of the state's new House subdistricts, created to prevent Native American voter dilution, were legally drawn along the boundaries of the Fort Berthold and Turtle Mountain Indian reservations.

  • January 03, 2024

    Native Veterans Group To Receive Congressional Charter

    Included in the annual defense policy act for fiscal 2024 is a congressional charter for the National American Indian Veterans organization, which will be the first veterans group for indigenous Americans to receive the congressional recognition.

  • January 02, 2024

    ND Assembly Seeks More Time To Redraw Election Map

    North Dakota's Legislative Assembly wants a federal district court to deny two tribes' request for the adoption of a remedial redistricting map after the lawmakers missed a Dec. 22 deadline to correct Voting Rights Act violations, arguing there's no reason to impose a remedial map amid work toward a solution.

  • January 02, 2024

    Fla. Says Tribe Misreads 'Indian Lands' In Water Permit Suit

    Florida has once again urged a federal judge to hand it a win in a tribe's lawsuit challenging the U.S. Environmental Protection Agency's approval of the state's effort to take over a Clean Water Act permitting program, arguing that the tribe's theory of "Indian lands" is wrong.

  • January 02, 2024

    EPA's New Maui Guidance Draws Requests For More Clarity

    The U.S. Environmental Protection Agency has released guidance clarifying how to comply with an important U.S. Supreme Court decision regarding Clean Water Act permits for groundwater pollution, but states, industry groups and environmental organizations say there's still room for better, more detailed explanations of key issues.

  • January 02, 2024

    Feds Lose Bid To End Kids' Climate Suit

    An Oregon federal judge largely rejected the U.S. government's attempt to dismiss a lawsuit by young people who accuse it of violating their constitutional rights with harmful fossil fuel energy policies worsening the climate crisis, teeing the matter up for a potential trial.

Expert Analysis

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Assessing EPA's Potential Retreat On Title VI Enforcement

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    The U.S. Environmental Protection Agency's decision to close its Title VI investigation of Louisiana — rather than respond to the state's litigation challenge against it — raises questions about the efficacy of the agency's plans to use Title VI in support of its environmental justice initiatives, say Susan Richardson and Jeffrey Davidson at Kilpatrick Townsend.

  • High Court's Tribal Water Rights Ruling Steadies The Boat

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    The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Why Seminole Tribe Sports Betting Ruling Is A Net Positive

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    The D.C. Circuit Court’s recent ruling that a gambling compact between Florida and the Seminole Tribe is lawful even though it allows for online sports betting expands the tribe's offerings while maintaining exclusivity and is a win for individuals who wish to legally wager on sports within Florida, says Daniel McGinn at Dean Mead.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Opinion

    The Case For Seating The Cherokee Nation's Delegate

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    The U.S. government should follow through on its obligation to seat a delegate from the Cherokee Nation in the U.S. House of Representatives, as explicitly promised in a treaty ratified nearly 200 years ago, says Jack Baker at the National Trail of Tears Association.

  • Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

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    In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

  • Bid Protest Spotlight: Errors, Experience, Corrective Action

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    In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.

  • Minn. Mine Denial Stresses Importance Of Tribal Partnerships

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    The Army Corps of Engineers' decision to revoke a suspended Clean Water Act permit for a proposed mine in Minnesota is a reminder that project developers need to take tribal authority and rights seriously and consider early and frequent consultation with tribes, say attorneys at K&L Gates.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • 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.

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