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Native American

  • January 15, 2019

    Shutdown Draining Tribes, National Parks, Dem Panel Told

    A Democratic committee heard testimony Tuesday about the ongoing federal shutdown, with House Democrats blaming President Donald Trump for the shutdown and hearing testimony detailing the shutdown's worsening impact on Native Americans and public lands.

  • January 15, 2019

    4th Circ. Backs Va. Water Permit For $5B Pipeline

    A Fourth Circuit panel has rejected a petition by a coalition of environmental groups that challenged Virginia’s decision to issue a Clean Water Act certification for the $5 billion Atlantic Coast gas pipeline, saying the state did not act arbitrarily and ignore the project’s risks.

  • January 15, 2019

    CWA Shift Pushes Calif., States Toward Stricter Water Regs

    California is close to finalizing new protections for its wetlands in response to the Trump administration's proposal to redefine which waters are subject to federal Clean Water Act jurisdiction, leading the way for like-minded states that could use their considerable authority to counteract a new definition they see as inadequate.

  • January 15, 2019

    States, Tribes Back Swinomish In BNSF Appeal At 9th Circ.

    Three states and three tribes have urged the Ninth Circuit to uphold a lower court decision favoring the Swinomish Indian Tribal Community in its suit against BNSF Railway Co. over shipping crude oil across reservation land, saying federal law doesn’t preempt an easement pact and treaty rights are at stake.

  • January 15, 2019

    States Urge 5th Circ. To Reverse ICWA Invalidation Order

    California, Massachusetts, Illinois and New Jersey have joined over a dozen states that are throwing support behind four tribes and the federal government as they seek to overturn a decision deeming the Indian Child Welfare Act unconstitutional, arguing that the statute provides critical protections for Native American children and their families.

  • January 14, 2019

    Tribes, Enviros Ask DC Circ. To Can FCC Small-Cell Order

    Tribal and environmental groups are urging the D.C. Circuit to vacate a Federal Communication Commission order designed to speed up 5G infrastructure rollout by exempting small cell fixtures from certain historical and environmental regulatory reviews.

  • January 14, 2019

    Wash. Tribe Seeks Quick Win In HHS Contract Payment Row

    The Swinomish Indian Tribal Community has urged a D.C. federal court to grant it a quick win in its suit accusing the U.S. Department of Health and Human Services of underpayment on certain health care program costs, claiming the failure to make payments violates the Indian Self-Determination and Education Assistance Act.

  • January 14, 2019

    Okla., Tribe, Feds Battle Over Jurisdiction In Murder Case

    The state of Oklahoma and the federal government traded blows with the Muscogee (Creek) Nation in U.S. Supreme Court filings Friday over whether Oklahoma's statehood secured its criminal jurisdiction over tribal lands, as a Creek member seeks to preserve a Tenth Circuit ruling overturning his state murder conviction.

  • January 14, 2019

    Don't Confirm EPA Head During Gov't Shutdown, Enviros Say

    Nine environmental and left-leaning groups on Friday urged Republican Senate leaders to halt the confirmation process to promote acting U.S. Environmental Protection Agency Administrator Andrew Wheeler to permanent status while the government is still shut down.

  • January 14, 2019

    FedEx, NY Reach $35M Deal In Untaxed Cigarette Case

    New York Attorney General Letitia James announced Monday a settlement with FedEx Ground Package System over untaxed cigarette claims, a deal that forces FedEx to cough up $35.3 million and largely blocks it from domestically shipping tobacco products.

  • January 14, 2019

    Allergan, St. Regis Urge Justices To OK PTAB Tribal Immunity

    Allergan Inc. and the Saint Regis Mohawk Tribe have urged the U.S. Supreme Court to decide whether tribal immunity applies at the Patent Trial and Appeal Board, arguing the Federal Circuit has strayed from the justices’ precedent about how patent reviews are characterized.

  • January 14, 2019

    Justices Urged To Hear Navajo Casino Slip-And-Fall Suit

    The U.S. Supreme Court has been urged to take up a challenge to a Tenth Circuit ruling that determined a personal injury suit against a Navajo Nation-owned casino belonged in tribal, not state court, with the petitioners claiming the ruling went against the intent of the Indian Gaming Regulatory Act.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 11, 2019

    Dems Question EPA On Wheeler Confirmation Hearing Prep

    Sen. Tom Carper, D-Del., and fellow Democrats have questioned whether the U.S. Environmental Protection Agency has directed employees to work on acting Administrator Andrew Wheeler's confirmation hearing to be the agency's permanent head despite the agency’s shutdown plan mandating that only certain employees continue to work.

  • January 11, 2019

    Native American Groups Slam Trump, Congress For Shutdown

    The leaders of eight Native American advocacy groups castigated President Donald Trump and Congress on Thursday and urged them to end the ongoing federal government shutdown, saying it "breaks the treaty and trust obligations the federal government owes to tribal nations."

  • January 11, 2019

    Mont. Judge Won't Halt DOI Royalty Panel Suit For Shutdown

    A Montana federal judge on Friday rejected the federal government’s bid to halt proceedings in an environmental group’s suit over access to the U.S. Department of Interior's policies on mineral royalties.

  • January 11, 2019

    10th Circ. Upholds Tribal Landowners' Win Over Pipeline Co.

    A Tenth Circuit panel on Thursday affirmed a finding that Enable Midstream Partners LP’s continued operation of a natural gas pipeline on land held in trust for a group of tribal landowners by the federal government constituted trespass, but reversed an injunction that ordered the removal of the pipeline.

  • January 10, 2019

    Fla. Gov. Issues Wide-Reaching Water Policy Order

    In his first major policy act, recently inaugurated Florida Gov. Ron DeSantis issued a broad executive order Thursday aimed at tackling numerous water and environmental issues confronting the state, including a call for an additional $1 billion for Everglades restoration and appointment of a chief science officer.

  • January 10, 2019

    Oglala Sioux Tribe Can't Add To DAPL Complaint, Court Says

    A D.C. federal district judge ruled Thursday that the Oglala Sioux Tribe cannot amend its complaint in its challenge to the Dakota Access Pipeline, saying that allowing the tribe to proceed would “derail and substantially delay” the progress of the litigation.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 4 AML Insights Broker-Dealers Should Carry Into 2019

    Mirella deRose

    While many of us were winding down 2018 focused on the holidays, the U.S. Department of Justice and other financial industry regulators were busy delivering a flurry of messages about anti-money laundering compliance, say attorneys with King & Spalding LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Opinion

    Only Congress Can Fix The Waters Of The US Whirlpool

    Jeff Porter

    If anything is clear amid the ongoing chaos of competing Clean Water Act judicial decisions and agency actions, it's that Congress should have acted long ago, says Jeff Porter of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.