Native American

  • August 07, 2020

    Creek Nation Rips Okla. AG's 'Toxic' Take On Post-McGirt Plan

    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."

  • August 07, 2020

    Feds Issue Update To Mineral Royalty Valuation Policy

    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. 

  • August 07, 2020

    Full DC Circ. Leaves Border Wall Funding Dispute Unresolved

    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.

  • August 07, 2020

    Dems Seek Info On Trump's Fast-Tracked Projects

    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.

  • August 07, 2020

    Navajo Nation Moves For Win In Six Funding Shortfall Suits

    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.

  • August 06, 2020

    NCAI Tells DC Circ. Alaska Cos. Shouldn't Get COVID Funds

    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.

  • August 06, 2020

    DEA Beats Discovery Subpoenas In Opioid MDL Bellwether

    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.

  • August 06, 2020

    Native American Orgs Demand More Time For Census

    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.

  • August 06, 2020

    NRDC, Others File New Suit Over Project Review Process

    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.

  • August 06, 2020

    Pharmacies Can't Dodge Ohio Opioid MDL's 2021 Bellwether

    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.

  • August 06, 2020

    Coronavirus Litigation: The Week In Review

    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. 

  • August 06, 2020

    Mining Co. Will Pay Tribes Another $1.6M For River Cleanup

    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.

  • August 05, 2020

    Calif. Gov. Signs Six Tribal Compacts, Approves Casino Move

    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.

  • August 05, 2020

    10th Circ. Nixes Trade Group's Obama Royalty Rule Challenge

    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.

  • August 05, 2020

    DC Circ. Halts Order To Shut Down Dakota Access Pipeline

    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.

  • August 05, 2020

    Utah Ends Gold King Fight After EPA Commits $360M

    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.  

  • August 05, 2020

    AT&T Calls For Modernization Of FCC's Lifeline Program

    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.

  • August 05, 2020

    6th Circ. Told McGirt Ruling Backs Mich. Tribe's Reservation

    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.

  • August 05, 2020

    Enviros Say Alaskan Mining Road Was Wrongly Approved

    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.

  • August 05, 2020

    Developer Steps Into Tribes' Keystone Pipeline Challenge

    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. 

  • August 04, 2020

    EPA Cost-Benefit Rule Praised By Oil, Other Industries

    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.

  • August 04, 2020

    Army Corps Proposes Reissuing Controversial Water Permit

    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.

  • August 04, 2020

    9th Circ. Won't Revisit Rebuff Of Calif. Tribal Casino Challenge

    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.

  • August 04, 2020

    Tribe Backs Newly Recognized Snoqualmie On Hunting Rights

    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.

  • August 04, 2020

    Okla. AG Seeks Court Input On Appeals Referencing McGirt

    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.

Expert Analysis

  • Analyzing Upward And Downward Trends In Legal Tech

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    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.

  • Climate Change Litigation Looms Over Trump Enviro Overhaul

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    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.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    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.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    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.

  • The Ethics Of Using Chatbots For Legal Services

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    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.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    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.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    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.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    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.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    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.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    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.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    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.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    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.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    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.

  • Pandemic May Change The Way We Design Our Courthouses

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    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.

  • How Tribes Can Respond To Clean Water Act Review Limits

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    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.

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