Native American

  • January 26, 2024

    Feds Lodge Decree, CWA Claims Against Idaho Sawmill

    A PotlatchDeltic Corp. unit will pay $225,000 to resolve a dozen Clean Water Act claims stemming from permit violations at an Idaho sawmill and lumberyard, involving discharges of stormwater pollutants into designated bull trout habitat and waters of the Coeur d'Alene Tribe, according to a federal complaint and proposed consent decree.

  • January 26, 2024

    Enviro Org., Feds Seek Wins In Mid-Atlantic Fishery Reg Fight

    The Natural Resources Defense Council and U.S. government are squaring off over summer flounder, black sea bass and scup fishing regulations for mid-Atlantic states, with the former telling a D.C. federal judge they unlawfully allow overfishing while the latter claims they are appropriate changes to address recreational fishing management challenges.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Don't Tax Broadband Deployment Money, Telecom Groups Say

    A group of telecommunications trade associations are asking Congress to grant their members tax breaks for broadband deployment costs, saying that without the proposed legislation, money intended to help bring broadband to currently out-of-reach households would return to the government in tax payments.

  • January 26, 2024

    Biden Admin Pauses LNG Reviews Over Climate Concerns

    The Biden administration on Friday said it would pause its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., and revise its export policy to greater account for LNG's impacts on climate change and energy prices.

  • January 25, 2024

    Opioid Nuisance Query Better For W.Va. Court, 4th Circ. Hints

    A Fourth Circuit panel asked repeatedly Thursday why no one had sought help from West Virginia's high court in a bellwether legal clash over whether anti-nuisance laws can be used to target the drug companies that supplied pharmacies amid the opioid crisis.

  • January 25, 2024

    Seattle Settles BLM Protesters' Police Brutality Suit For $10M

    The city of Seattle has agreed to a $10 million settlement to end a lawsuit brought by more than 50 protesters who say they were brutalized by its police force during Black Lives Matter demonstrations in the summer of 2020.

  • January 25, 2024

    ACLU Says Native American Inmate Denied Religious Rights

    The ACLU of Rhode Island is asking a federal district court for an order that will allow a Native American inmate to wear an Apache headband as part of his religious beliefs, arguing in a lawsuit that the state's Department of Corrections' refusal of the requests violates his rights under federal law designed to protect the religious freedom of incarcerated individuals.

  • January 25, 2024

    States, Industry Back Feds' Land Swap Fight At 9th Circ.

    The states of Idaho and Utah, the U.S. Chamber of Commerce and the National Mining Association have joined the federal government in urging the Ninth Circuit to overturn a lower court ruling in favor of the Shoshone-Bannock Tribes' challenge to a land transfer intended for the expansion of a fertilizer plant.

  • January 25, 2024

    Alaskan Guide Co. To Pay $900K For Fire On Native Lands

    An Alaskan fishing guide service will pay $900,000 to resolve claims brought by the U.S. Department of the Interior accusing one of its guides of lighting an illegal campfire that ultimately burned through 176 acres of Native and federal public lands, according to the U.S. Department of Justice.

  • January 25, 2024

    Calif. Judge Says States' Trump Water Rule Challenge Is Moot

    A California federal judge dismissed Democrat-led states' challenge to a Trump-era Clean Water Act rule the Biden administration has since replaced, saying because there is no present controversy, the case is moot.

  • January 25, 2024

    Judge Won't Revisit Stay Issued In Gila River Water Fight

    An Arizona federal judge said the U.S. government, San Carlos Apache Tribe and Gila Indian River Community failed to convince him to reverse a decision to deny their summary judgment motions and hit pause on a suit over Gila River water usage.

  • January 24, 2024

    J&J Agrees To $150M Deal Ending Wash. Opioid Litigation

    Johnson & Johnson will pay almost $150 million to end Washington's lawsuit accusing it of pushing opioid painkillers and understating the risk of addiction, according to a settlement filed in state court on Wednesday, adding to the tally of states that have gotten a payout from the pharmaceutical giant for its alleged role in the opioid epidemic. 

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Enviro, Tribal Orgs. Claim Calif. Botched Delta Tunnel Reviews

    Conservation groups are taking aim at the California Department of Water Resources' review and approval of the Delta Conveyance Project, claiming it glossed over harms that would stem from an estimated $16 billion push to augment the State Water Project with a 45-mile water diversion tunnel under the Sacramento-San Joaquin Delta.

  • January 24, 2024

    La. Wins Injunction Against EPA On Disparate Impact Rules

    A Louisiana federal judge will allow the state to temporarily block the U.S. Environmental Protection Agency from imposing certain environmental justice requirements on permitting and grant decisions, finding the state is likely to prevail in its challenge.

  • January 24, 2024

    Mohawk Council Wants To Withdraw From 1796 Land Dispute

    The Mohawk Nation Council of Chiefs says a recent decision to withdraw from a land settlement agreement with the state of New York over a decadeslong lawsuit involving more than 2,000 acres of illegally purchased land was not easy but was made in the interest of protecting the territorial integrity of the Mohawk Nation.

  • January 24, 2024

    Campground Operator Must Pay $1M Bond, Judge Says

    A Montana campground operator has until early March to post a $1 million surety bond, a federal district court judge determined while rejecting the company's bid to cut the amount in half pending an appeal to the Ninth Circuit.

  • January 23, 2024

    States Fear For Rights As Feds Press High Court Water War

    The U.S. Supreme Court's decision to consider whether the federal government was inappropriately excluded from a Rio Grande water sharing agreement between Texas, New Mexico and Colorado raises novel questions about the United States' interests and role in such interstate deals, an important issue as water concerns increase across the nation.

  • January 23, 2024

    Feds Say Tribal Leaders Lack Standing In Banishment Suit

    Three former Oklahoma Native American government leaders seeking to overturn tribal laws that banned and sanctioned them haven't exhausted their administrative remedies, the federal government said, arguing that the trio never challenged the results of an election that ultimately allowed their punishments to be reinstated.

  • January 23, 2024

    W.Va. County To Face Off With Opioid Distributors At 4th Circ.

    A Fourth Circuit panel will hear oral arguments Thursday morning in an appeal brought by a West Virginia county that lost the first bench trial in multidistrict litigation over the opioid epidemic, kicking off the first appellate arguments this year over verdicts in the MDL.  

  • January 23, 2024

    Voting Rights Groups Trim Claims In Ga. Election Law Dispute

    Voting rights groups have dropped accusations that a controversial Georgia election law violated their free speech rights and narrowed claims that the measure infringed voters' right to participate in elections, according to an amended complaint.

  • January 23, 2024

    Court Will Rethink Tribes' Claims In Railroad Dispute

    An Idaho federal judge has reinstated two Quiet Title Act claims the Shoshone-Bannock Tribes of the Fort Hall Reservation lodged against the federal government in a dispute over land once used by a railway, agreeing that a Supreme Court ruling requires the reversal of a prior order dismissing the claims.

  • January 22, 2024

    Officer's Conduct A Departure From BIA Policy, 9th Circ. Told

    The Bureau of Indian Affairs has said that despite one of its former officer's "reprehensible abuse of authority" in sexually assaulting a Northern Cheyenne woman, the federal government isn't responsible for his actions because it was a clear departure from any conduct authorized by his employer.

  • January 22, 2024

    Native Group Urges Court To Keep NFL Conspiracy Bid In Play

    A Native American organization is urging a federal district court to deny a motion by Washington Commanders owner Josh Harris seeking to dismiss its $1.6 million civil conspiracy and defamation lawsuit, saying that for an organization that promotes inclusivity, it is unacceptable to defame a minority group for sharing a different viewpoint.

Expert Analysis

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

    Author Photo

    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • New Initiatives Will Advance Corporate Biodiversity Reporting

    Author Photo

    Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

    Author Photo

    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

    Author Photo

    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

    Author Photo

    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

    Author Photo

    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Extreme Weather And Renewable Project Insurance Coverage

    Excerpt from Practical Guidance
    Author Photo

    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

    Author Photo

    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Unpacking OMB's Proposed Uniform Guidance Rewrite

    Author Photo

    Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

    Author Photo

    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

    Author Photo

    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

    Author Photo

    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

    Author Photo

    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

    Author Photo

    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

    Author Photo

    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Native American archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!