Native American

  • February 07, 2024

    Judge Sides With Wis. Tribe In HOA Property Dispute

    The Menominee Indian Tribe got a win in Wisconsin federal court in a case in which a Wisconsin neighborhood association said the federal government breached its community restrictive covenants when it took land into trust for the tribe, with the judge agreeing to dismiss the suit.

  • February 07, 2024

    ND Tribes Ask High Court To Toss 8th Circ. Privilege Ruling

    Two North Dakota tribes are asking the U.S. Supreme Court to scrap an Eighth Circuit ruling they say improperly held state lawmakers are immune from civil discovery in federal courts, even if the discovery the tribes sought is no longer needed after a judge ruled in their favor in a Voting Rights Act suit.

  • February 07, 2024

    Mass. Residents Want High Court To Undo Tribe's Land Grant

    A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.

  • February 06, 2024

    SEC May Seek Default Judgment In $3.4M Stock Scam Suit

    The U.S. Securities and Exchange Commission is urging a federal district court to reject a stay bid by a Native American microcap company, arguing that it intends to ask for a firm date on which it may move for a default judgment in the $3.4 million stock scam suit.

  • February 06, 2024

    Suncor Energy Must Pay $10.5M For Air Pollution, Colo. Says

    The state of Colorado said Suncor Energy Inc. must dish out at least $10.5 million toward penalties and improvement projects as a result of its Commerce City refinery's air pollution violations between July 2019 and June 2021.

  • February 06, 2024

    Judge Plans Field Trip To Dam Tribe Says Kills Protected Fish

    A Washington federal judge is planning a field trip to a rock dam and sheet pile wall on the Puyallup River that a Washington tribe says is harmful to endangered wild salmon, saying Tuesday from the bench that it's been difficult to see "what's going on out there" from photos and courtroom arguments.

  • February 06, 2024

    Processor Underpaid Us On Tribal Accounts, Tech Co. Says

    A Las Vegas technology company is accusing a payment processor of neglecting an agreement to pay it a portion of interchange fees on merchant transactions, including thousands of dollars made from patrons of tribal hotels, casinos, shops and restaurants.

  • February 06, 2024

    Calif. Judge Axes Suit Over Pot Destroyed On Tribal Land

    A California federal judge has dismissed a marijuana grower's lawsuit against local law enforcement officials who he claims improperly seized and destroyed his crop lawfully grown on tribal land but is giving him another shot at filing, though she said "it seems unlikely" the farmer's suit will ultimately survive.

  • February 05, 2024

    Groups Urge 9th Circ. To Overturn Alaskan Willow Project

    The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.

  • February 05, 2024

    Gold Mine Contractor Can Ditch Navajo's Negligence Claims

    A contractor for the U.S. Environmental Protection Agency can ditch negligence claims brought by the Navajo Nation over its work on a gold mine that spewed 3 million gallons of contaminants in 2015, a New Mexico federal judge ruled on Monday.

  • February 05, 2024

    Feds Slam Intervention Bids In BLM Grazing Analysis Dispute

    The Bureau of Land Management and green groups have asked a D.C. federal court to reject efforts by Idaho, Utah and a coalition of agriculture industry groups to intervene in the environmentalists' lawsuit challenging grazing allotments.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 02, 2024

    Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound

    Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.

  • February 02, 2024

    Youths Say DOJ Using Extreme Tactics To Delay Climate Trial

    Young people who claim the U.S. government is violating their rights with energy policies that are worsening climate change hit back against the Justice Department's latest bid to pause their suit before it can go to trial, saying courts should not tolerate its extreme delay tactics and shocking conduct.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

  • February 02, 2024

    Court's Claims Of Internal Dispute A Myth, Tribe Tells Fed. Circ.

    The Winnemucca Indian Colony is asking the Federal Circuit to overturn a decision that dismissed allegations in a $208 million breach of trust suit against the Bureau of Indian Affairs, saying the Court of Federal Claims wrongly characterized the events that underpinned its litigation as an internal dispute within the tribe.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 01, 2024

    Texas Judge Says Tribal Telecom Immune To Contract Suit

    A telecom owned by the Gila River Indian Community can't be sued in federal court for $247,000 in unpaid invoices stemming from a contract to provide the company with billing software, a Texas federal court has ruled.

  • February 01, 2024

    GAO Nixes Protests To Army's Costly Pick For $549M Deal

    The U.S. Government Accountability Office freed the U.S. Army Materiel Command from claims it unreasonably snubbed two contractors for an installation support deal in favor of a company with a more expensive bid, saying the command justified the price differential.

  • February 01, 2024

    Pharma Hikma Reaches $150M Opioid Settlement With States

    Hikma Pharmaceuticals and several attorneys general announced a $150 million agreement in principle on Thursday resolving cases brought by a group of states and localities alleging the company fueled the opioid crisis by failing to report suspicious opioid orders from potentially illegal distributors.

  • February 01, 2024

    Ariz. Tribes Push To Halt Work On SunZia Line

    Two tribes and conservation groups are urging an Arizona federal judge to pause construction on a 550-mile power transmission line approved by the U.S. Department of the Interior before the work damages historic and cultural resources they claim the government failed to properly assess and safeguard.

  • February 01, 2024

    Native Microcap Co. Seeks Stay In $3.4M Stock Scam Suit

    The chief executive officer of a penny stock company with Native American ties has asked a New York federal magistrate judge to pause a U.S. Securities and Exchange Commission suit, saying a trial may not be needed because a share buyback deal is underway.

  • February 01, 2024

    Alaska Tribes Seek Canada Recognition To Consult On Mines

    A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.

  • February 01, 2024

    Energy Co. Seeks Final $12.6M Award For Tribal Equipment

    Merit Energy Operations is asking a federal district court to enter judgment after an arbitration panel determined that two Wyoming Native American tribes must pay $12.6 million to purchase equipment from the company after a lease agreement to operate on reservation land expired.

  • January 31, 2024

    8th Circ. Won't Revisit VRA Ruling Nixing Private Right To Sue

    A split Eighth Circuit panel has declined to rehear arguments in a voting rights case in which civil rights groups accuse Arkansas officials of crafting a redistricting plan that dilutes minority voting strength, in turn upholding its prior ruling that private parties can't sue for alleged violations under Section 2 of the Voting Rights Act.

Expert Analysis

  • 4 Legal Issues Grant-Funded Broadband Projects May Face

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    The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Washington State Puts Environmental Justice At The Forefront

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    Two laws — the Healthy Environment for All Act and the Climate Commitment Act — have given Washington one of the most progressive environmental justice frameworks of any state in the country, and the resulting regulatory framework, which became fully effective on July 1, makes environmental justice assessments a key part of many projects, say attorneys at K&L Gates.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Is There A New 'Moderate Questions' Doctrine?

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    The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.

  • DC Circ.'s Perchlorate Ruling Means Regulatory Restart

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    The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • The Road Ahead For EPA's Greenhouse Gas Reduction Efforts

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    Recent U.S. Environmental Protection Agency actions could help the Biden administration's goals of decarbonizing the electricity sector, but they will have to potentially overcome technical, legal and political challenges, says Andrew Shaw at Dentons.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • What Purdue Ch. 11 Means For Future Of Third-Party Releases

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    The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • NEPA Reforms May Aid Project Speed, But Red Tape Remains

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    The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.

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