Native American

  • January 10, 2024

    10th Circ. Urged To Keep National Monuments Designation

    Native American tribes and environmental organizations have urged the Tenth Circuit to uphold a lower court decision dismissing Utah and other groups' challenge to President Joe Biden's redesignation of large swaths of the state as part of the Bears Ears and Grand Staircase-Escalante national monuments.

  • January 10, 2024

    Oil Terminal Permit Needs Harder Look, Groups Tell 5th Circ.

    Several groups are asking the Fifth Circuit to overturn a Texas federal judge's ruling affirming a dredging permit the U.S. Army Corps of Engineers issued for the expansion of a major oil export terminal near Corpus Christi, arguing the agency clearly failed to take the required "hard look" at the impacts.

  • January 10, 2024

    Native Owners Again Seek To Intervene In ND Pipeline Row

    A group of North Dakota tribal landowners with property alongside a gas and oil pipeline are asking a federal district court to allow them to intervene in litigation over right of way trespassing claims through the Fort Berthold Indian Reservation, saying the federal government is only trying to protect its own interests in forthcoming breach of trust claims against it.

  • January 10, 2024

    EPA's Water Leader To Step Down After Busy Tenure

    The head of the U.S. Environmental Protection Agency's water office on Wednesday said she'll be stepping down at the end of February, after three years leading the office through a multibillion-dollar infusion and several high profile rulemaking efforts.

  • January 10, 2024

    Montana Camp Must Pay $1M Bond To Stay Tribal Lease Order

    A Montana campground operator must post a $1 million surety bond to allow a stay to remain in place while it appeals a ruling to the Ninth Circuit in favor of the Blackfeet Nation in an ongoing land lease dispute, a federal district court judge said, determining that the company presented a "substantial case for relief on the merits."

  • January 09, 2024

    Ohio High Court Urged To Toss $650M Opioid Verdict

    Walmart, CVS and Walgreens — backed by business groups — have urged the Ohio Supreme Court to toss a $650 million jury verdict awarded to two counties in opioid litigation, saying that state product liability law bars the counties' public nuisance claims.

  • January 09, 2024

    BIA Sued In Brothers' Quest For Alaska Ancestral Records

    Two elderly brothers have accused the Bureau of Indian Affairs of violating federal open records law by failing to turn over ancestral information that could prove their link to an Alaska Native village, according to a complaint filed in Washington federal court.

  • January 09, 2024

    Army Corps Seeks To End Suit Over Gold Mine Permit

    The Army Corps of Engineers is asking a Louisiana federal judge to throw out a Nevada company's lawsuit claiming it has taken too long to process a gold mining permit application or else transfer the matter to the District of Alaska.

  • January 09, 2024

    Feds Allege CWA Violations At Navajo Water Treatment Plants

    The United States has sued the Navajo Tribal Utility Authority on behalf of the U.S. Environmental Protection Agency, saying it is not compliant with the Clean Water Act and has failed to take necessary steps to stop wastewater pollution.

  • January 08, 2024

    ND Must Adopt Tribes' Redistricting Plan, Judge Says

    The North Dakota Legislative Assembly must adopt two tribes' plan to correct Voting Rights Act violations, a federal district judge ruled on Monday, while denying state lawmakers' time extension request to implement a remedial redistricting map past the court-ordered Dec. 22 deadline.

  • January 08, 2024

    Tribes Withdraw Appeal Seeking To Halt Nev. Lithium Mine

    Three Native American tribes have dropped their Ninth Circuit fight to revive a lawsuit seeking to block an open-pit lithium mine in northern Nevada, but tensions remain high as project opponents have clashed at the site and in state court.

  • January 08, 2024

    Jury 'Confused' In Shampoo Contract Case, Conn. Judge Told

    A shampoo fragrances supplier urged a Connecticut state judge to overturn a trial verdict in favor of a botanical scent producer in a contract dispute, arguing Monday that the jury's likely bafflement over the agreement's terms should invalidate its finding.

  • January 08, 2024

    Tulsa Has Interest In Prosecuting Native Crimes, Officials Say

    The city of Tulsa has a strong interest in enforcing criminal law within its boundaries, its officials said, arguing that concurrent jurisdiction with the Muscogee (Creek) Nation over Native Americans who commit crimes within its boundaries is "paramount" to the Oklahoma tribe's safety.

  • January 08, 2024

    Justices Snub Alaska's Effort To Revive Pebble Mine Project

    The U.S. Supreme Court on Monday declined to take up Alaska's challenge to the Environmental Protection Agency's action blocking the construction of a mine in a wilderness area that's home to important fisheries.

  • January 08, 2024

    High Court Won't Revive Deadly Native Road Washout Suit

    The U.S. Supreme Court on Monday declined to revive a wrongful death and injury lawsuit stemming from a washed-out road on the Standing Rock Sioux Tribe's reservation, affirming an Eighth Circuit decision that dismissed the case against the Bureau of Indian Affairs for lack of jurisdiction based on a federal tort liability.

  • January 08, 2024

    Justices Nix Irrigation District's Water Rights Remand Request

    The U.S. Supreme Court on Monday ruled that an Oregon irrigation district must pursue its claims against the U.S. Bureau of Reclamation over how water is managed for endangered species and Native American tribes in federal court, not state court as the district wanted.

  • January 05, 2024

    Court Should OK Tribes' Indian Country Status, Okla. AG Says

    Oklahoma Attorney General Gentner Drummond and Ottawa County District Attorney Douglas Pewitt say they don't oppose a federal court declaration that says lands contained within the historic boundaries of four tribes' reservations maintain their status as Indian Country, arguing that precedent allows such a determination.

  • January 05, 2024

    Minn. County Accuses Feds Of Illegally Taking Land For Tribe

    A Minnesota county has sued the U.S. government in federal court, claiming the Interior Board of Indian Appeals wrongly allowed it to accept about 3,238 acres of land into trust for the Mille Lacs Band of Ojibwe Indians and has threatened the county's tax revenue.

  • January 05, 2024

    Tribal Healthcare Dispute Could Upend Law, Justices Told

    Any requirement for Indian Health Services to pay contract support costs for activities funded by a tribe's third-party income would upend the Indian Self-Determination and Education Assistance Act, the federal government told the U.S. Supreme Court, saying two appellate courts erred when interpreting the law to determine that those additional healthcare expenses must be reimbursed.

  • January 05, 2024

    Stay Would Let Camp Co. Keep Reaping Millions, Tribe Says

    The Blackfeet Nation is urging a Montana federal judge to reject a campground operator's bid to stay a ruling that its lease was canceled 15 years ago, arguing the company is only trying to keep unlawfully occupying and profiting from its land.

  • January 04, 2024

    Fragrance Co. Skewers 'Fallacy' Behind Verdict Challenge

    A Connecticut-based botanical fragrance producer slammed a shampoo fragrance supplier's bid to toss a jury verdict that let the producer escape its $8 million suit over a contract dispute, saying the supplier has no reason to think the jury was confused and that the basis for its request "hinges on a fallacy."

  • January 04, 2024

    NM Cannabis Regulators Hit 2 Growers With $2M In Fines

    The state of New Mexico's cannabis regulation unit has levied $2 million total in fines against two marijuana-growing operations while stripping them of their licenses, saying they violated a slew of rules governing plant count, cultivation plans, required tracking software and various security measures.

  • January 04, 2024

    Indigenous Group Can Add 4 People To SD Hotel Bias Suit

    A South Dakota federal judge has ruled that an Indigenous advocacy group has good cause to file a third amended complaint in its lawsuit accusing a hotel and casino of discriminating against Native American patrons after a fatal shooting on its premises, saying it can add four plaintiffs by name.

  • January 04, 2024

    Native Group Dismissed From NFL Conspiracy Litigation

    A federal district court judge on Thursday agreed to dismiss the National Congress of American Indians from litigation brought by a Native American activist group while keeping the $1.6 million defamation and civil conspiracy bid against Washington Commanders' owner Josh Harris and premium sales manager Matthew Laux in play.

  • January 04, 2024

    Feds Defend Right To Sink States' Rio Grande Water Deal

    The U.S. government told the nation's top court that approval of a proposed arrangement to settle long-running Rio Grande water disputes between Texas, New Mexico and Colorado would improperly extinguish its claims against one of the states, impose new burdens and overstep their original compact.

Expert Analysis

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 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.

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