Native American

  • October 23, 2026

    DC Circ. Lets 1929 Census Descendants Join Miwok Vote

    The D.C. Circuit allowed descendants of people listed in a 1929 census of local Native Americans to have a say in the California Valley Miwok Tribe's constitution and bylaws Friday, rejecting a rival faction's bid to restrict the process to a smaller group and settling — for now — a decades-long fight tied to state gaming funds.

  • October 23, 2026

    EPA Grants Navajo Nation Key Clean Water Act Status

    The U.S. Environmental Protection Agency has approved the Navajo Nation's application that will allow the tribe to be treated in a similar manner to a state under the Clean Water Act for the National Pollutant Discharge Elimination System and sludge management programs.

  • October 23, 2026

    Lone FCC Democrat Calls E-Rate Sunset Proposal 'Misguided'

    The lone Democrat on the Federal Communications Commission has issued her support for extending The E-Rate Program to provide discounts on eligible connectivity services for schools and libraries during a visit to a New Hampshire school district.

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Takeaways From Meta's $25B Data Privacy Trial Loss

    As Meta Platforms Inc. digests Wednesday's $25 billion trial bill for repeatedly misrepresenting its privacy practices to New Mexicans, observers say there are lessons to take away — beyond the fact that it's believed to be the largest commercial verdict in nominal dollars in U.S. history.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Tribe Says Low Crossings Undercut Border Wall Argument

    The Tohono O'odham Nation is renewing its push for the D.C. Circuit to do what a district judge refused and block border wall construction through its Arizona reservation pending the tribe's appeal, arguing that a brief pause in construction would pose little risk with border crossings at record lows.

  • October 22, 2026

    'Substantially Impaired' Main Topic Of Medicaid Rule Hearing

    A Massachusetts federal judge pressed the Trump administration Thursday on its argument that Congress intentionally left it with the task of defining who is considered too medically frail to comply with Medicaid work requirements set to take effect in January.

  • October 22, 2026

    Calif. Tribe Looks To Block Further Removal Of Wild Horses

    A California tribe is looking to block the federal government from removing any more wild horses from a protected habitat until the agencies fulfill their consultation obligations, arguing that complying with the law will not harm the department any more than 40 years of mismanagement has already.

  • October 22, 2026

    Idaho Tribes Tell Justices 1900 Law Bars Agribiz Land Swap

    The U.S. Supreme Court should reject an Idaho agribusiness's bid to reverse a decision that invalidated a land transfer over concerns of contamination from a planned fertilizer plant expansion, the Shoshone-Bannock Tribes said, arguing the federal government violated a century-old restriction on the ceded lands.

  • October 21, 2026

    Feds' Latest Wind Permit Move May 'Blow Up' Permitting Deal

    The Trump administration has again asked a federal court to let it reevaluate a permit issued for a proposed offshore wind project, a move that a co-architect of U.S. Senate permitting legislation said could derail the bipartisan bill.

  • October 21, 2026

    Utah Defends Approval Process For Northern Corridor Hwy

    A Utah county and a state agency said the law that designated a Mojave Desert national conservation area didn't prohibit a highway through it, as environmental groups alleged, but rather expressly called for a "transportation route" to be identified.

  • October 21, 2026

    Ex-Arizona Recorder Urges High Court To Drop Voter ID Case

    A former recorder for Maricopa County, Arizona, says the Supreme Court should dismiss the Republican National Committee's challenge to two state voting laws as improvidently granted, telling the justices that the case is an improper vehicle for deciding provisions of the National Voter Registration Act.

  • October 21, 2026

    Fed. Circ. Says Sioux Tribe Can't Shift Building Repair Costs

    A Federal Circuit Court of Appeals panel has rejected a South Dakota tribe's bid to overturn a decision that the federal government isn't responsible for paying for a deteriorating building on its reservation, saying it is not persuaded by the Indigenous nation's contract-based arguments.

  • October 21, 2026

    Meta Owes $25B After NM Data Privacy Trial

    A New Mexico judge ruled Wednesday that Meta must pay $25 billion for the "systematically broadcast" lies the social media giant offered the public regarding its data privacy practices, including in the wake of the Cambridge Analytica scandal.

  • October 20, 2026

    States' Suit Over Trump Energy EO Sparks Broader Questions

    A Washington federal judge considering the Trump administration's bid to dismiss a multistate challenge to an executive order declaring a national energy emergency said Tuesday that the case highlights a broader dilemma: how courts should handle litigation based on "a single executive directive that sets in motion hundreds of agency decisions."  

  • October 20, 2026

    Meta To Rereview MDL Privilege Claims Under Special Master

    Meta Platforms Inc. has agreed to have an independent special master rereview potentially thousands of documents the company withheld as privileged in social media addiction multidistrict litigation, after a California federal judge criticized Meta's privilege claims and refused to let Meta use an AI tool to rereview 170,000 documents at issue.

  • October 20, 2026

    Utah Sues Kalshi, Susquehanna For Violating Gambling Ban

    Utah sued Kalshi, its related entities and Susquehanna International Group in state court Tuesday over a "brazen pattern of unlawful conduct" by offering sports event contracts that allegedly violate the state's constitutional ban on gambling, after the Tenth Circuit declined to shield Kalshi from Utah gaming regulators last month.

  • October 20, 2026

    California Moves To Protect 15,000 Acres Of Coastal Waters

    California has begun the process of designating its first new marine protected areas in over a decade — and the first in which Native American tribes played a leadership role.

  • October 20, 2026

    Samoan Groups Challenge Planned Deep-Sea Mining Leases

    A Samoan council of chiefs and leaders from American Samoa's Manu'a Islands and two community groups are asking a Hawaiian federal court to block a plan to sell leases that will allow deep-sea mining of more than 31 million acres of seabed off the coast of American Samoa.

  • October 20, 2026

    NY Plans To Let Schools Set Native Mascot Apparel Rules

    The New York State Board of Regents has put forth a recommendation to drop part of the state's ban on the use of Native American imagery in public schools, after a Second Circuit order vacated and remanded the dismissal of a Long Island school board member's First Amendment challenge.

  • October 19, 2026

    Oil Titans Denied 2029 Trial Date In Wash. Tribes' Climate Suits

    A Washington state judge has set a February 2028 trial date in two Native American tribes' cases accusing Exxon, Chevron and other petroleum giants of a decades-long campaign to downplay the dangers of burning fossil fuels, spurning the companies' bid for an October 2029 trial date.

  • October 19, 2026

    FCC Report Says Tribes Lack Funding For Suicide Hotline

    A dozen states reported collecting a total of $240.5 million in fees during the 2025 calendar year to support a federal suicide hotline while seven tribal authorities said they lack a funding mechanism to do so, according to a Federal Communications Commission report.

  • October 19, 2026

    Meta Sends Data Center Lawsuit To Federal Court

    Meta has pulled into Georgia federal court a lawsuit claiming a company data center is a water-polluting nuisance, saying a claim invoking the U.S. Constitution means the case doesn't belong before a state judge.

  • October 19, 2026

    Arizona Wants In On Nevada's Fight Over Colorado River Cuts

    Arizona is seeking to intervene in Nevada's challenge against the federal government that looks to block a framework that establishes water cuts for the Colorado River, arguing that the state's towns, cities, tribes, farmers, factories and businesses can't survive without sufficient water.

Expert Analysis

  • Draft Biosolids Guidance Illuminates EPA's Approach To PFAS

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    Recent draft guidance from the U.S. Environmental Protection Agency on mitigating risks from two "forever chemicals" in sewage sludge is not legally binding, but its recommendations may help wastewater treatment plants operators, landowners, farmers, water agencies and the public understand the agency's current thinking, says Ayodeji Ayolola at Gordon Rees.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • 8(a) Firms Face New Risks From Pass-Through Arrangements

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    ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • What Cos. Should Know About DOE Energy Dominance Loans

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    With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

  • DOE Energy Financing Overhaul Opens Paths For Developers

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    The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

  • Insurer Spoliation Ruling Flags Continuing Duty To Preserve

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    An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Bid Protest Spotlight: Evaluation Criteria, Omissions, Conflicts

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    In this month's bid protest roundup, James Tucker at MoFo offers takeaways from recent decisions examining a soliciting agency’s latitude to deviate from its own evaluation criteria, a missing small-business certification's materiality and an agency's mid-litigation waiver resolving meritorious conflict of interest allegations.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

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