Native American

  • July 19, 2019

    Biggest Enviro Law Cases To Watch In The 2nd Half Of 2019

    Here, Law360 takes a look at some of the biggest environmental cases to watch in the second half of 2019, including U.S. Supreme Court appeals based on Superfund and Clean Water Act issues and a challenge to President Donald Trump's authority to shrink national monuments designed by his predecessor.

  • July 19, 2019

    Scientists Ask 1st Circ. To Revive Expert 'Purge' Lawsuit

    A group of scientists told the First Circuit a lower court wrongly signed off on a Trump administration directive that bars scientists from its advisory committees who receive U.S. Environmental Protection Agency grants, saying it violates the Administrative Procedure Act.

  • July 19, 2019

    Army Corps Owes ND $38M For Pipeline Protests, Suit Says

    North Dakota hit the U.S. government with a suit in federal court, claiming the U.S. Army Corps of Engineers owes the state $38 million for failing to contain protests against the Dakota Access Pipeline.

  • July 19, 2019

    Wells Fargo Says Tribe Must Pay In $250M Loan Dispute

    Wells Fargo has sued the Picayune Rancheria of Chukchansi Indians of California in New York state court, accusing the tribe and its economic development authority of participating in a scheme to avoid making payments owed as part of a $250 million loan agreement.

  • July 19, 2019

    DC Circ. Backs EPA On Ditching Hardrock Mining Rule

    The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

  • July 18, 2019

    House Panel Supports Ban On Drilling In Chaco Canyon

    The House Natural Resources Committee has given its blessing to a bill that seeks to withdraw federal land around New Mexico's Chaco Canyon from future oil and gas drilling, saying the proposal is ready to be taken up by the full U.S. House of Representatives.

  • July 18, 2019

    Climate Change Divides FERC As LaFleur Says Goodbye

    Members of the Federal Energy Regulatory Commission relitigated how the agency should consider the climate change impacts of projects Thursday in Commissioner Cheryl LaFleur's final meeting, underlining a continued disagreement between its members.

  • July 18, 2019

    DOJ's New Enviro Cases Down Nearly A Third, Report Says

    The U.S. Department of Justice has filed a steadily decreasing number of environmental lawsuits in federal district court since 2010, while green groups have picked up some of the slack and law firms are busier than ever, according to a new litigation report.

  • July 18, 2019

    Tribe Opposes Mass. Bid To Change Casino Suit Judgment

    The Wampanoag Tribe of Gay Head has asked a federal court to deny Massachusetts' "backhanded" attempt to amend an order over tribal plans to build a casino, arguing that state officials can't dodge the decision that says they may not interfere with the tribe's right to operate a gambling facility.

  • July 18, 2019

    BLM Urges End To Suit Over Alaska Oil, Gas Exploration

    The U.S. Bureau of Land Management has asked an Alaska federal court to toss a suit by a tribe and environmental groups over an oil and gas exploration plan in the National Petroleum Reserve-Alaska, saying the agency's environmental analysis complied with federal law and the suit is moot since the exploration ended in May.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Fla. Tribe's Ex-Atty Hit With 10-Year Ban For Frivolous Suits

    A former Miccosukee Tribe of Indians attorney lost his battle against disbarment Wednesday when the Florida Supreme Court issued him a 10-year ban for pursuing frivolous claims against the tribe’s previous counsel.

  • July 17, 2019

    8th Circ. Backs Tribal Courts' Authority In ICWA Case

    The Eighth Circuit on Tuesday upheld a ruling that two Minnesota tribes’ courts had jurisdiction over child custody proceedings for a pair of tribe member children, rejecting arguments by their non-Native American mother and grandmother that a custody transfer from the state violated federal law.

  • July 17, 2019

    4 Key Moments From J&J's Okla. Opioid Trial

    Oklahoma and J&J sparred for the last seven weeks over whether the drugmaker is to blame for the state's opioid epidemic. Here, Law360 looks at the key moments of the trial — the first to decide whether a drugmaker is liable for painkiller addiction and deaths.

  • July 17, 2019

    Feds Fight Denial Of Standing In Calif. Tribe Water Dispute

    The federal government has told a California federal court that the Agua Caliente Band of Cahuilla Indians is directly injured by the overuse of water in the Coachella Valley and thus both the tribe and the U.S. government have standing in a water rights dispute.

  • July 17, 2019

    TC Energy Wants In On New Keystone XL Pipeline Suit

    TC Energy asked a Montana federal court on Tuesday to allow it to intervene in a suit brought by environmental activists challenging permits issued allowing the construction of the Keystone XL Pipeline, saying it has significant economic interests hinging on the court's ruling.

  • July 16, 2019

    A Look Back At Justice Stevens' Most Important Opinions

    Justice John Paul Stevens wrote over 1,000 opinions in his 34 years on the U.S. Supreme Court, leaving a footprint in the court’s jurisprudence still visible today. Here, Law360 looks back at his most important decisions, from landmark First Amendment cases to those involving the separation of powers.

  • July 16, 2019

    Justice John Paul Stevens' Brand Of Judicial Humility

    His critics called him a "liberal activist." His fans? A "liberal icon." But those who worked for Justice John Paul Stevens remember a common law judge who took things one case at a time.

  • July 16, 2019

    10th Circ. Upholds Navajo Win On Gerrymandering Challenge

    A Tenth Circuit panel on Tuesday affirmed that a Utah county violated the U.S. Constitution's equal protection clause by using racial classifications as a main factor in its redistricting decisions, after the Navajo Nation challenged the boundaries of the districts for being drawn along racial lines.

  • July 16, 2019

    Retired Justice John Paul Stevens, Hero To Left, Dead At 99

    Retired Justice John Paul Stevens, a World War II veteran who became a liberal icon during his more than three decades on the U.S. Supreme Court, died Tuesday at 99, the Supreme Court said.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Senate Could Reaffirm Trust Land For Tribes

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    The U.S. Supreme Court's Carcieri and Patchak decisions have chilled investment in tribal trust land for nearly a decade, but two recent bills, if approved by the Senate, could restore certainty in tribes' sovereignty over trust land, say Robert Ward and Noah Gillespie of Schulte Roth.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • Perspectives

    High Court's 'Separate Sovereigns' Ruling Is Good For Tribes

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    The U.S. Supreme Court's decision in Gamble v. U.S. — reaffirming the so-called separate sovereigns doctrine — preserves tribal prosecutors' autonomy and ability to respond promptly to offenses without worrying about the legal repercussions on federal prosecutions, say Steven Gordon and Philip Baker-Shenk of Holland & Knight.

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.