Try our Advanced Search for more refined results
Native American
-
March 20, 2024
Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told
The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.
-
March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
-
March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
-
March 20, 2024
DA Says Greenhouse Suit Interferes With Code Enforcement
The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.
-
March 19, 2024
Wash. Hydro Co. Says Dam Removal Plan Follows Court Order
A Washington hydroelectric company insists it is not disobeying a court order to remove part of a temporary rock dam that harms migrating fish, telling a federal judge that a tribe's alternative is not structurally sound and cannot be permitted.
-
March 19, 2024
Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial
A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.
-
March 19, 2024
Fishers Angle For Justices' Attention With New Monument Suit
Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.
-
March 19, 2024
Judge Mulls Smoke Shop Group's Push For Tribe's Damages Data
A New York federal magistrate judge is asking the Cayuga Nation and a former smoke shop, shut down on the grounds it was selling cannabis and untaxed cigarettes, to weigh in on whether the tribe must turn over spreadsheets purportedly detailing damages and lost revenues stemming from the shop.
-
March 19, 2024
OptumRx Can't Get Motley Rice Disqualified From Opioid MDL
An Ohio federal judge has denied a bid by pharmacy benefit manager OptumRx to disqualify Motley Rice LLC from representing plaintiffs in the national opioid litigation, saying the company hasn't shown that the firm's prior representation of states investigating opioids puts the company at a disadvantage in the multidistrict litigation.
-
March 18, 2024
Tribal Health Groups Say IHS Owes $4M In Support Funding
Two tribal health groups serving parts of Alaska are suing the U.S. Department of Health and Human Services for failing to pay nearly $4 million in contract support costs for their delivery of services paid for with third-party revenue they collected, the subject of a matter now pending before the U.S. Supreme Court.
-
March 18, 2024
North Dakota Tribes Urge 8th Circ. To Uphold VRA Ruling
Two North Dakota tribes are urging the Eighth Circuit to uphold a ruling that the state's new legislative redistricting map violated the Voting Rights Act, arguing that state lawmakers' claims that a provision of the Civil Rights Act doesn't apply to the "most significant Reconstruction amendment enforcement statute — the VRA — is unprecedented and meritless."
-
March 18, 2024
4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court
The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.
-
March 18, 2024
Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program
A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.
-
March 18, 2024
FCC Raises Broadband Speeds, But Many ISPs Already There
Many households across the country can already get the Federal Communications Commission's new benchmark for broadband internet, but making sure that level of service reaches rural and tribal areas remains a tough challenge.
-
March 18, 2024
SunZia Argues Suit Over Power Line Project Filed Far Too Late
The developer of the proposed SunZia Southwest Transmission Project is asking an Arizona federal court to dismiss claims that the U.S. Department of the Interior failed to take a proper look at historic properties and cultural resources that the 550-mile power line might affect, arguing that the allegations are time-barred.
-
March 18, 2024
Feds, Tribes, Casinos Face Off Over Trust Land Request
The Interior Department, Detroit-area casinos and two tribes are urging the D.C. Circuit to reject the Sault Ste. Marie Tribe of Chippewa Indians' bid to compel the federal government to take land into trust for a casino venture several hundred miles away from its other trust lands on Michigan's Upper Peninsula.
-
March 18, 2024
Energy Dept. Says Alaska LNG Review Passes Legal Muster
The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.
-
March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
-
March 15, 2024
Alaska, Cos. Hit Feds With $700B Pebble Mine Takings Suits
The state of Alaska and a company behind the controversial Pebble Mine construction project filed separate takings lawsuits against the federal government in the U.S. Court of Federal Claims on Thursday, seeking more than $700 billion in damages for blocking development of the area that's home to important fisheries.
-
March 15, 2024
Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told
A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."
-
March 15, 2024
Feds Streamline Historic Reviews For Broadband Projects
The Advisory Council on Historic Preservation is heeding the call to make it easier for historical preservation checks to be done on any broadband projects that use federal funds, announcing that it will amend the rules to add that flexibility.
-
March 15, 2024
Firm, Mont. Tribal Council To Settle Violence Dispute
Greenberg Traurig LLP, its longtime counsel and a Montana tribal council are looking to settle a dispute in which the law firm and attorney are accused of devising a financial scheme that led to violence over a decision to remove the board of directors of the tribe's economic entity.
-
March 15, 2024
Fla. Tribe Urges No Pause In Suit Over State's Water Power
The Miccosukee Tribe of Indians of Florida on Thursday urged a federal judge not to pause its lawsuit against the U.S. Environmental Protection Agency that alleges the state was improperly awarded authority over a Clean Water Act permitting program.
-
March 15, 2024
Tribe, Teck Weigh In On Columbia Pollution Claims
A Teck Resources Ltd. unit is pushing back against the Confederated Tribes of the Colville Reservation's argument that its claims for so-called tribal service losses for Upper Columbia River pollution were improperly dismissed, while a neighboring tribe is also urging a Washington federal judge to revisit a "clearly erroneous ruling."
-
March 15, 2024
'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told
An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."
Expert Analysis
-
5 Ways Firms Can Rethink Office Design In A Hybrid World
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
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
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
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
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
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?
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
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
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
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
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
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
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
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.
-
Takeaways From Tribes' High Court Adoption Case Victory
The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.