The Muscogee (Creek) Nation on Friday slammed Oklahoma's attorney general for comments on his plan to get federal lawmakers to tackle jurisdiction in the state following the U.S. Supreme Court's recent McGirt decision, saying that doing so was "akin to asking Congress to legalize a toxic waste spill in the ocean, instead of working to clean it up."
The U.S. Department of the Interior on Friday proposed changing how lease royalties for minerals such as oil and gas on federal lands are calculated, pushing to reduce the burden on industry and reverse Obama-era changes.
In light of a full D.C. Circuit finding that the House can sue to enforce subpoenas, a majority of the court on Friday bounced the House's suit over whether the Trump administration can reallocate border wall funding to a three-judge panel to decide.
Nearly 60 Democratic members of Congress have demanded that the Trump administration come clean about which major infrastructure projects have benefited from an executive order to fast-track environmental reviews amid the economic downturn sparked by the COVID-19 pandemic.
The Navajo Nation on Thursday sought a win in six consolidated cases against the federal government, alleging that the Department of the Interior improperly denied its funding requests for the tribe's judicial branch between 2015 and 2020.
The National Congress of American Indians and other tribal advocacy groups have urged the D.C. Circuit to rule that Alaska Native corporations are ineligible for part of $8 billion in COVID-19 relief under the CARES Act, saying the companies don't qualify as "tribal governments" under the law.
The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.
Three prominent organizations representing the rights of Native Americans issued a joint statement Wednesday condemning the U.S. Census Bureau's decision to suspend field operations on Sept. 30, rather than on Oct. 31 as previously planned.
The Natural Resources Defense Council and a coalition of environmental groups on Thursday filed the latest federal court challenge against the Trump administration's proposal to update the National Environmental Policy Act to streamline project reviews, arguing the changes are ill-considered and unlawful.
The Ohio federal judge overseeing opioid multidistrict litigation has refused to toss two Ohio counties' bellwether cases against pharmacies, allowing their public nuisance claims over the dispensing and distribution of opioids to move forward.
Universities are pushing back on students' claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic.
Canadian mining giant Teck Resources Ltd. has agreed to shell out another $1.6 million to a confederated tribal nation to cover recent costs associated with pollutants it dumped into the Columbia River decades ago from its Canadian smelter that then leached into the Washington state environment.
California Gov. Gavin Newsom on Tuesday announced that he had signed new tribal gambling compacts with six tribes and approved the placement of 40 acres into trust for a central California tribe seeking to relocate its casino.
The American Petroleum Institute can't challenge an Obama-era rule governing civil penalty notices for oil and gas leases on federal and tribal land based on hypothetical injuries the group's members might incur, the Tenth Circuit ruled Wednesday.
The D.C. Circuit on Wednesday said the Dakota Access pipeline will not have to be shut down and drained of oil, halting a federal judge's order issued after he identified problems with an environmental review.
Utah has agreed to settle with the U.S. Environmental Protection Agency after the federal regulator committed more than $360 million to clean up abandoned mines fouled when millions of gallons of toxic waste was accidentally released into rivers by a government contractor.
AT&T on Tuesday said the Federal Communications Commission's low-income subsidy program for phone and broadband service needs to be updated, stating in a blog post that lawmakers should consider streamlining Lifeline's eligibility requirements and modernizing delivery as part of efforts to expand the benefit program.
The Little Traverse Bay Bands of Odawa Indians has pressed the Sixth Circuit to overturn a ruling that the tribe never had a reservation, saying the U.S. Supreme Court's recent ruling in McGirt supports the Michigan tribe's contention that its reservation was established under a 19th-century treaty.
Environmental organizations asked an Alaska federal court to vacate environmental permits for a mining road in the state's southern Brooks Range and national park areas, saying government agencies wrongly allowed the 211-mile road project to move forward.
The TransCanada Keystone Pipeline and its parent corporation have urged a Montana federal court to dismiss claims brought by Montana tribes, after successfully intervening in their case challenging federal approval of pipeline construction across federal lands.
A U.S. Environmental Protection Agency proposal to establish the first-ever regulations for how costs and benefits are calculated in Clean Air Act rulemaking drew support from a diverse group of industry players who said past practices have been inconsistent and hurt businesses.
The U.S. Army Corps of Engineers has proposed renewing a range of nationwide permits under the Clean Water Act that allow certain activities with minimal impacts to proceed, including one that is the basis for challenges to the Keystone XL pipeline and has been criticized by a federal judge.
The Ninth Circuit has refused two California card rooms' request for it to rethink its ruling that the U.S. Department of the Interior didn't violate federal gaming law when it approved an off-reservation casino in California for the North Fork Rancheria of Mono Indians.
A Native American tribe in a Ninth Circuit appeal supports reversal of a Washington federal court's dismissal of the Snoqualmie Tribe's hunting and gathering rights suit, saying it wrongly found that the newly recognized Snoqualmie can never litigate to protect their treaty-reserved rights.
Oklahoma Attorney General Mike Hunter on Monday asked the state's court of criminal appeals to provide guidance as Oklahomans begin to appeal their state criminal convictions in the wake of the landmark U.S. Supreme Court opinion in McGirt v. Oklahoma.
Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.
Updated regulations from the White House Council on Environmental Quality likely preclude government agencies from considering climate change in most National Environmental Policy Act analyses, making litigation over the revisions all but certain, say attorneys at King & Spalding.
The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.
In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.
Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.
The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.
The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.
The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.
Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.
In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.
After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.
The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.
Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.
With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.
In light of the U.S. Environmental Protection Agency's new rule limiting the time and scope of tribal and state Clean Water Act permit reviews, tribal governments looking to assert their jurisdiction over projects should apply for treatment-as-state status, say attorneys at Brownstein Hyatt.