Native American

March 29, 2024
Bill Would Ease Native American Travel Across Canadian Border

A bipartisan bill recently introduced in the U.S. House of Representatives would simplify the process for indigenous community members to cross the U.S.-Canadian border by eliminating a blood quantum requirement and allowing them to use tribal-issued identification as proof of membership in a federally recognized tribe.
March 29, 2024
NTIA Issues $811M In State Digital Equity Funding

The Biden administration is releasing the allocation of the first $811 million of the $1.25 billion in digital equity funding it plans on providing states, territories and tribes to ensure everyone within their borders has the ability and skill to access all the internet has to offer.
March 29, 2024
Tribes Lose Challenge To Minnesota Water Quality Regs

A Minnesota federal judge on Friday shot down a suit by two Native American tribes accusing the U.S. Environmental Protection Agency of allowing the state to adopt less protective water quality standards that could harm their reservations' wildlife and crops.
March 29, 2024
No Need To Revisit 'Cultural Resource' Ruling, Teck Argues

A Teck Resources unit is urging a Washington federal judge to reject the Confederated Tribes of the Colville Reservation's request to reconsider an order dismissing its claims for so-called tribal service losses stemming from a smelter's Columbia River pollution, saying the tribe erroneously argues limitations on natural resource damages don't apply to tribes.
March 29, 2024
Texas Farmers Sue USDA Over Sex, Race Disaster Aid Priorities

A group of Texas farmers is asking a federal district judge to declare the U.S. Department of Agriculture's disaster assistance and pandemic relief programs unconstitutional, alleging in a complaint Friday that the government distributes the aid based on sex and race in violation of federal anti-discrimination laws.
March 29, 2024
Red States Say Court Must Lift LNG Export Review Pause

A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.
March 29, 2024
Feds, Energy Cos. Clash Over Osage Wind Farm Damages Trial

The U.S. government and Enel Green Power North America Inc. are both pushing to shape a damages trial set for May after a federal judge ordered the ejectment of more than 80 wind turbines the companies installed on Osage Nation land in Oklahoma without required mineral leases.
March 28, 2024
Montana High Court Says Laws Hinder Native Voting Rights

The Montana Supreme Court on Wednesday struck down four state laws that challengers claimed hindered Native Americans and students from participating in the state's election process, affirming a lower court's ruling that the 2021 legislation violated fundamental voting rights.
March 28, 2024
Kauai Groups, Hawaii Settle Suit Over Hydro Project Review

Two West Kauai community groups say they've reached an agreement with the state of Hawaii and a utility to settle their suit over the environmental review for a hydroelectric development that threatened to divert large amounts of water from the Waimea River watershed.
March 28, 2024
Advocates Push For More Hot Spot Options If E-Rate Expands

The Federal Communications Commission needs to consider a tech-neutral approach to funding wireless hot spots in schools to make sure that low-income and rural areas do not get left out if mobile carrier signals aren't adequate, an advocacy group said.
March 28, 2024
Foxwoods Tribal Owner Loses $76M COVID Insurance Appeal

The Mashantucket Pequot Tribal Nation, which owns and operates the Foxwoods Resort Casino in Connecticut, did not meet a key burden when suing its insurer for more than $76 million in losses tied to the COVID-19 pandemic, the state's intermediate-level appeals court ruled Thursday in declining to revive the litigation.
March 27, 2024
History Confirms Ruling In ND Tribes' VRA Win, Feds Say

The federal government is urging the Eighth Circuit to uphold a ruling confirming that a North Dakota redistricting effort violated the Voting Rights Act, arguing that if the appellate court were to reverse course it could strike a grievous blow that could affect seven states and thousands of political subdivisions within its circuit.
March 27, 2024
SD Gov. Seeks Federal Funds Audit Of Tribal Law Enforcement

South Dakota Gov. Kristi Noem has asked President Joe Biden's administration to conduct a thorough audit of federal funding for the state's nine Native American tribes, saying additional law enforcement resources are urgently needed on reservation lands.
March 27, 2024
Tribes Want Climate Change Row With Oil Cos. In State Court

Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.
March 27, 2024
Cannabis Caucus Dems Urge Garland To Restore Pot Protections

The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.
March 27, 2024
BLM Finalizes Methane Venting And Flaring Rule

The U.S. Bureau of Land Management on Wednesday announced its final rule meant to cut the amount of methane released at energy production facilities by reducing leaks and tightening limits on a process known as flaring.
March 27, 2024
9th Circ. Judge Doubts Feds' Gambling Stance Matches Tribe's

A Ninth Circuit judge pushed back Wednesday against a gambling company's argument that a particular Washington tribe did not need to be a part of its lawsuit over state gambling compacts, pointing out that the federal government is expected to balance competing interests — not necessarily mirror the tribes' position.
March 27, 2024
Navajo Sue Feds Over Withheld Forestry Program Funds

The Navajo Nation claims the U.S. Department of the Interior unlawfully withheld more than a million dollars in funding for its contracted forestry management program, telling a D.C. federal judge the department should be forced to provide the money and accept the funding agreements proposed by the nation.
March 27, 2024
Make Sure Internet Stays Affordable, House Dems Tell NTIA

A dozen House Democrats urged a key Biden administration official on broadband policy to ensure high-speed internet projects across the country lead to affordable service as a federal low-income subsidy draws to a close.
March 26, 2024
Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told

Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.
March 26, 2024
NY Urges 2nd Circ. To Deny Tribe's Eel Fishing Challenge

The New York State Department of Environmental Conservation called on the Second Circuit to uphold a lower court's rejection of the Unkechaug Indian Nation's challenge to the agency's regulations on eel harvests, saying contrary to the tribe's arguments, they're not preempted by any federal treaty or statute.
March 26, 2024
Fishers Say Tire Cos. Can't Escape Salmon ESA Suit

Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.
March 25, 2024
Congress Urged To Renew FCC Auctions, Broadband Fund

Dozens of public interest groups want Congress to jump-start the Federal Communications Commission's spectrum auctions and use the proceeds to pour new funds into the Affordable Connectivity Program, fixing two problems confronting the FCC at once.
March 25, 2024
IHS Fears Budget Cuts Over Tribal Healthcare Funding Case

Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.
March 25, 2024
NOAA Allots $60M To Help Columbia River Salmon

The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.

Expert Analysis

Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
How Purdue High Court Case Will Shape Ch. 11 Mass Injury

The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
Opinion

Legal Profession Gender Parity Requires Equal Parental Leave

To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
What Lawyers Must Know About Calif. State Bar's AI Guidance

Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
Industry Must Elevate Native American Women Attys' Stories

The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
Understanding Discovery Obligations In Era Of Generative AI

Excerpt from Practical Guidance

Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
Preparing Law Students For A New, AI-Assisted Legal World

As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.