Native American

  • September 23, 2019

    Drilling Co. Urges Court Not To Block Mancos Shale Fracking

    An oil and gas drilling company urged a New Mexico federal court on Friday to reject environmental groups' bid to block fracking for oil and gas wells in the Mancos Shale, saying that the company’s technology prevents environmental harm and that an injunction would cost the company and Navajo landowners millions of dollars.

  • September 23, 2019

    9th Circ. Backs BIA Green Light Of Wind Farm Construction

    The Ninth Circuit on Monday upheld the Bureau of Indian Affairs' approval of the second phase of a California wind farm, saying the agency properly considered the project's potential to harm eagles before greenlighting a lease between the project developer and a California tribe.

  • September 23, 2019

    Enviros Say Colo. Mine Expansion Suit Not Barred

    Environmental groups challenging the planned expansion of Arch Coal's mine in western Colorado have told a federal court that, contrary to arguments put forward by the federal government, their bid to block the project is not precluded by prior litigation.

  • September 23, 2019

    FCC's Spectrum Giveaway Will Be A Boon For Tribes, Pai Says

    The Federal Communications Commission has recently taken important steps toward making internet available on Native American lands, FCC Chairman Ajit Pai said Monday, touting an upcoming spectrum giveaway intended to help tribes get connected.

  • September 23, 2019

    8th Circ. Urged To Revisit Nix Of SD Tribe's Casino Tax Protest

    An Eighth Circuit decision allowing South Dakota’s contractor excise tax to be levied on work performed on a tribal casino was an unprecedented contradiction of congressional intent and must be revisited, the casino’s tribal owner has urged the court.

  • September 23, 2019

    Maui County Votes To Settle High Court Clean Water Act Case

    The Maui County Council has voted to settle an important Clean Water Act case scheduled for oral arguments in November before the U.S. Supreme Court, potentially yanking from the docket a highly anticipated fight over whether the law covers pollution that travels through groundwater.

  • September 20, 2019

    FERC's Lone Dem Warns Of Climate Whitewashing On Orders

    The lone Democrat serving on the Federal Energy Regulatory Commission has suggested the agency is writing climate change out of its gas infrastructure project decisions, with the commission split along party lines in approving a Colorado gas pipeline and Florida liquefied natural gas project.

  • September 20, 2019

    J&J's Litigation Bravado In Sharp Relief After Epic Opioid Trial

    Johnson & Johnson's decision this year to risk a $17 billion penalty in the nation's first opioid-crisis trial added one of the most dramatic chapters yet to the company's increasingly remarkable willingness to spurn settlements and litigate financially perilous cases all the way.

  • September 20, 2019

    FHWA Looks To Nix Tribe's Suit Over RI Bridge Project

    The Federal Highway Administration pressed a Rhode Island federal court Friday to toss the Narragansett Indian Tribe's $30 million suit over a highway construction project, saying the agency hasn't made a final decision about the cultural impacts of the plan that can be challenged in court.

  • September 20, 2019

    DOI Can't Stop Utah Oil Lease Challenge, Enviros Say

    Environmental groups said the U.S. Department of the Interior can't rid itself of a consolidated challenge to dozens of oil and gas leases even after it decided to reexamine their environmental impacts, arguing the suit targets more than what the DOI is addressing.

  • September 20, 2019

    Ga. Borrowers Drop Suit Against Tribe-Linked Online Lender

    A Georgia federal court on Friday terminated a proposed class action claiming an online lending company was trying to evade lending and racketeering laws by exploiting a Michigan-based tribe's sovereign immunity, a day after the plaintiffs said they wanted to drop the case.

  • September 20, 2019

    Wis. Tribe's Reservation Wasn't Shrunk, Feds Tell 7th Circ.

    The federal government offered its support to the Oneida Nation as the tribe fights to reverse a determination that its reservation was diminished in size, telling the Seventh Circuit that U.S. Supreme Court precedent shows allotments of tribal land do not shrink reservations. 

  • September 19, 2019

    Jury's Task In Ohio Opioid MDL Trial Divides Drug Cos.

    Drug companies involved in multidistrict opioid litigation voiced divergent views in Ohio federal court Thursday on the jury's role in a looming bellwether trial, a question with significant implications for a potential multibillion-dollar remedy.

  • September 19, 2019

    Wash. State Slams Transfer Of Military Funds For Border Wall

    Washington state joined an onslaught of litigation against President Donald Trump’s national emergency declaration with a lawsuit filed in federal court Thursday challenging the administration’s authority to dip into funds earmarked for military construction projects to pay for a border wall.

  • September 19, 2019

    9th Circ. Faults BLM's Blanket Extension Of Geothermal Deals

    The Ninth Circuit on Thursday upheld a decision for the Pit River Tribe and environmental groups that the Bureau of Land Management had to perform more review before extending a group of geothermal leases, saying that having a single productive lease didn't justify longer leases for the larger unit.

  • September 19, 2019

    Purdue Files Ch. 11 Suit Seeking Stay Of Opioid Litigation

    Bankrupt drugmaker Purdue Pharma LP filed an adversary complaint late Wednesday in New York court seeking a stay of the pending litigation brought by various states, Native American tribes and individuals who did not agree to a settlement framework reached before the company filed for bankruptcy.

  • September 19, 2019

    Bulk Of SD Anti-Pipeline Riot Laws Struck Down

    A South Dakota federal judge has blocked the bulk of a set of state laws aimed at limiting protests of the Keystone XL pipeline, saying the "riot boosting" statutes could have even landed Dr. Martin Luther King Jr. in jail for his civil rights protests.

  • September 18, 2019

    British Columbia Ordered To Reconsider Pipeline Approvals

    The British Columbia Court of Appeal on Tuesday ordered the province to reconsider environmental approval for the expansion of the Trans Mountain oil pipeline, finding that another court has since ruled that a Canadian National Energy Board report used in that approval was flawed.

  • September 18, 2019

    Army Corps Says It Doesn't Owe ND For DAPL Protests

    The U.S. Army Corps of Engineers urged a federal judge to throw out North Dakota's suit seeking $38 million for the agency's alleged failure to control protests against the Dakota Access Pipeline, saying it had to weigh its relationships with tribes and other delicate policy issues in handling the protests.

  • September 18, 2019

    Indian Lands Need More Spectrum Access, Sens. Hear

    Broadband experts told a Senate panel Wednesday that to spur tribal economic development, the federal government should collect more data about high-speed internet coverage on Native American lands and tap into unused spectrum to improve access for tribes.

  • September 18, 2019

    Opioid 'Negotiation Class' Justifies DQ Bid, Distributors Say

    Drug distributors and pharmacies continued to press their surprise effort to disqualify the judge overseeing the opioid multidistrict litigation, saying his recent approval of a novel negotiation class merits their last-minute play.

  • September 18, 2019

    Wis. County Fights Tribe's Quick Win Bid In Zoning Reg. Suit

    A Wisconsin county has told a federal court that the Red Cliff Band of Lake Superior Chippewa Indians is not entitled to a win in its suit accusing the county of improperly imposing a zoning ordinance on its reservation, saying tribe member-owned land can be regulated.

  • September 17, 2019

    Purdue Says 'Lives, Dollars' At Stake In Bankruptcy Case

    Besieged opioid maker Purdue Pharma LP made its first appearance in New York bankruptcy court Tuesday, winning approval to pay almost $2 million to key employees and up to $1.5 million in monthly legal fees, while touting its proposed settlement of opioid litigation as a benefit to America. 

  • September 17, 2019

    DOI Appeals Board Nixes Forest Removal At Grand Staircase

    A U.S. Department of the Interior board has tossed a Bureau of Land Management decision to replace thousands of acres of native forests in the Grand Staircase-Escalante national monument with foraging plants for livestock, saying it didn't consider the cumulative effects of non-native seeds on migratory birds.

  • September 17, 2019

    Comanche Leader Slams Okla. 'Saber Rattling' In Gaming Row

    The Comanche Nation’s chairman said the gaming compact between Oklahoma and the tribal nation will automatically renew at the end of 2019 despite Gov. Kevin Stitt’s claims otherwise, and urged the state to avoid “saber rattling and legal wrangling” as it tries to negotiate new deals with tribes.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

    Author Photo

    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

    Author Photo

    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

    Author Photo

    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Another Round In The Battle Over The Clean Water Act

    Author Photo

    The Obama-era Clean Water Rule used the full extent of federal power to protect the country's water under the Clean Water Act. Last week, that rule was repealed, giving more authority to states. At issue are questions of federalism and science, and a confusing U.S. Supreme Court case, says Allyn Stern of Beveridge & Diamond.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

    Author Photo

    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

    Author Photo

    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

    Author Photo

    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Perspectives

    3 Ways DOJ Is Working To Improve Justice In Indian Country

    Author Photo

    As both a federal prosecutor and a member of the Choctaw Nation, I am proud of the U.S. Department of Justice's current efforts to address crime in Indian Country while respecting tribal sovereignty, says Trent Shores, U.S. attorney for the Northern District of Oklahoma.

  • The Factors Courts Consider In Deposition Location Disputes

    Author Photo

    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

    Author Photo

    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

    Author Photo

    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • TM Law Obstacles To Challenging Cultural Appropriation

    Author Photo

    As recently demonstrated by the backlash to Kim Kardashian's controversial attempt to register "Kimono" as a trademark, groups seeking to counter potential appropriators of cultural indicia face a multitude of challenges in establishing ownership of a valid trademark and in attempting to oppose or cancel the appropriative marks, says Dariush Adli of Adli Law Group.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

    Author Photo

    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

    Author Photo

    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

    Author Photo

    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.