Native American

  • March 06, 2024

    Cruz Wants FCC Subsidy System Turned Over To Congress

    Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.

  • March 06, 2024

    Senators Question Cherokee Tribe's Cannabis Co. Launch

    Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.

  • March 06, 2024

    Feds Get More Time To Reply In Fla. Casinos Case

    The U.S. Supreme Court on Wednesday granted the federal government a 30-day extension to reply to two Florida casino operators' petition for a writ of certiorari that seeks to reverse a decision that found a compact allowing online sports betting off tribal lands is lawful.

  • March 06, 2024

    Feds Pledge $72M For Tribes To Close Electrification Gaps

    U.S. Secretary of the Interior Deb Haaland said the Biden administration is awarding $72 million in a first round of funding to help Native American tribes electrify more homes in their communities.

  • March 06, 2024

    Challenge To Pfizer Diversity Program Fails At 2nd Circ.

    The Second Circuit declined Wednesday to revive an advocacy group's suit claiming a Pfizer diversity fellowship unlawfully discriminated against white and Asian workers, ruling the nonprofit had no legal foothold because it wouldn't specifically identify anyone allegedly harmed.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    Utah Sues Feds To Reopen 195 Road Miles In San Rafael Desert

    Utah is suing the U.S. government in a bid to toss a Bureau of Land Management decision to close 195 miles of roads in a San Rafael Desert area known as the Red Rock Wilderness, arguing that the closures don't align with an earlier BLM plan.

  • March 05, 2024

    Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal

    The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.

  • March 05, 2024

    Senate Dem Sees Votes For Broadband Discount Funding

    A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.

  • March 05, 2024

    Dam Removal Delay Would Harm Fish, Wash. Tribe Says

    The Puyallup Tribe of Indians is urging a Washington federal judge to reject a hydroelectric company's bid to pause an order directing it to remove part of a temporary rock dam on the Puyallup River, saying any delay would harm protected salmon only to spare the company from its own self-inflicted problems.

  • March 05, 2024

    8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge

    The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.

  • March 05, 2024

    FERC LNG Approvals Flout Court's Orders, DC Circ. Told

    Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.

  • March 05, 2024

    Feds Say Neb. Tribe's Suit Over Debt Collections Is Untimely

    The U.S. government is asking a Nebraska federal judge to dismiss a time-barred Santee Sioux Nation suit claiming the government has repeatedly tried to collect on an already paid debt related to the depreciation costs of a health and wellness center built 15 years ago.

  • March 04, 2024

    School District Fights NY's Bid To Ax Native Mascot Ban Suit

    A suburban Long Island school district challenging the New York State Board of Regents' ban on using Indigenous names, mascots and logos is pushing back against an anticipated bid to dismiss the suit.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    Feds' Lack Of Payments Hampers Services, Tribal Groups Say

    The National Congress of American Indians and tribes are urging the U.S. Supreme Court to uphold lower court rulings ordering the federal government to reimburse the San Carlos Apache and Northern Arapaho tribes for millions of dollars in administrative costs related to their delivery of health programs.

  • March 01, 2024

    SD Indian Child Advisory Council Bill Awaits Gov.'s Signature

    A South Dakota bill to form an advisory council to confer on the welfare of Native American children in foster care has passed in the state's Legislature and been delivered to Gov. Kristi Noem for her signature, but a key lawmaker doubts that the governor will sign it.

  • March 01, 2024

    Wash. Tribe Asks Judge To Revisit 'Cultural Resources' Ruling

    A tribe is urging a Washington federal judge to reconsider a ruling that it can't pursue millions of dollars of "tribal service loss" claims stemming from Upper Columbia River pollution, saying its claims were misconstrued as "cultural resource damages" that can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • March 01, 2024

    9th Circ. Won't Stay Oregon Kids' Climate Case, For Now

    The Ninth Circuit has shot down the U.S. Department of Justice's attempt to pause an Oregon federal judge's decision to allow a lawsuit brought by youths alleging the government's energy policies imperil their future by exacerbating climate change. 

  • March 01, 2024

    Ky. Sees $74M Boost For Abandoned Mine Cleanup Work

    The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.

  • February 29, 2024

    9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

    A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

  • February 29, 2024

    Fed. Circ. Won't Revive Flood Suit Over Cherokee Casino

    A Federal Circuit Court of Appeals panel on Thursday denied an Oklahoma landowner's bid to overturn a lower court's ruling that the federal government isn't liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino, saying that the claim requires proof that the matter is a "direct, natural or probable result" of its actions.

  • February 29, 2024

    Newsom, Tribe Must Negotiate Gambling Pact Under IGRA

    A federal district court judge ruled in favor of a California tribe in its challenge to Gov. Gavin Newsom for failing to negotiate its gambling compact in good faith, saying a Ninth Circuit determination that off-list topics cannot be included in tribal agreements heavily swayed the decision.

  • February 29, 2024

    Wis. Tribe, Homeowners Hit Cranberry Farms With CWA Suit

    A homeowner association and the Lac Courte Oreilles Band of the Lake Superior Chippewa claim two cranberry farms are unlawfully discharging excess phosphorus into a northwest Wisconsin lake and contributing to pollution harming its popular sport fishery and other natural resources.

  • February 28, 2024

    Sioux Phone Authority Keeps Calling For FCC Telecom Status

    The Cheyenne River Sioux Tribe Telephone Authority has once again asked the Federal Communications Commission to recognize it as an "eligible telecommunications carrier," saying several tribal groups, as well as the South Dakota Public Utilities Commission, support its bid for agency recognition.

Expert Analysis

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Assessing EPA's Potential Retreat On Title VI Enforcement

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    The U.S. Environmental Protection Agency's decision to close its Title VI investigation of Louisiana — rather than respond to the state's litigation challenge against it — raises questions about the efficacy of the agency's plans to use Title VI in support of its environmental justice initiatives, say Susan Richardson and Jeffrey Davidson at Kilpatrick Townsend.

  • High Court's Tribal Water Rights Ruling Steadies The Boat

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    The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Why Seminole Tribe Sports Betting Ruling Is A Net Positive

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    The D.C. Circuit Court’s recent ruling that a gambling compact between Florida and the Seminole Tribe is lawful even though it allows for online sports betting expands the tribe's offerings while maintaining exclusivity and is a win for individuals who wish to legally wager on sports within Florida, says Daniel McGinn at Dean Mead.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

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