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Native American
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February 15, 2024
New York Says Thruway Doesn't Cut Through Cayuga Land
New York state officials are asking a federal district court to dismiss litigation by the Cayuga Nation that seeks a cut of the tolls collected on the New York State Thruway, arguing that the tribe can't prove it had possession of the land over which the highway was being built.
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February 15, 2024
What Rescheduling Pot Would Mean For Criminal Justice Reform
While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.
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February 15, 2024
NC Tribe Seeks To Restore Mountain Peak's Cherokee Name
The Eastern Band of Cherokee Indians is asking the federal government to change the name of the highest point in the Smoky Mountains back to its original Indigenous title, saying the tribe has received overwhelming support from local and regional organizations for the process that began two years ago.
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February 15, 2024
DOI Inks Klamath Basin Agreement With Tribes, Water Users
The U.S. Department of the Interior said it has struck an agreement that will see water users and tribes work together in a push to improve the environment and water supplies in the drought-prone Klamath River Basin of southern Oregon and northern California, pledging $72 million for projects.
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February 15, 2024
Wash. Judge Says Tribes Can Seek River Pollution Damages
A Washington federal judge denied a Teck Resources Ltd. unit's bid for summary judgment on natural resource damages claims that the Confederated Tribes of the Colville Reservation and state of Washington lodged over decades of Upper Columbia River pollution from a smelter in Trail, British Columbia, setting up the matter for a possible trial.
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February 14, 2024
USDA Says $20M Will Help Tribes Access Climate Market
Federally recognized tribes and Alaska Native corporations and villages are getting a $20 million bump to broaden their access to emerging climate markets as a way to address ongoing climate change, the U.S. Department of Agriculture said on Wednesday.
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February 14, 2024
Energy Co. Says Tribal Court Being Used To Duck $12M Award
Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.
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February 14, 2024
Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'
The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.
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February 14, 2024
Navajo Say Hopi Tribe Bid To Join Land Trust Suit Is Untimely
The Navajo Nation has said the Hopi Tribe's attempt to intervene in its lawsuit against the U.S. government over a land trust and casino road easement dispute is untimely, coming after nearly four years of litigation.
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February 14, 2024
Patterson Earnhart Names Equity Partners, Opens Wis. Office
Native American law firm Patterson Earnhart Real Bird & Wilson LLP has announced two new equity partners, one of whom will lead a new office in Wisconsin.
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February 13, 2024
Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say
Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.
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February 13, 2024
CMS Must Rethink $4M Training Contract Award, GAO Rules
The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S. Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated.
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February 13, 2024
Fla. Casinos Ask Justices To Undo Seminole Gaming Compact
Two Florida casino operators are asking the Supreme Court to reverse a lower federal court's decision that said a compact allowing online sports betting off tribal lands between the Sunshine State and the Seminole Tribe is lawful, arguing that the outcome of the case could set a nationwide precedent as an end-run around state and federal limitations in the Indian Gaming Regulatory Act.
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February 13, 2024
Tribes Seek Split Arguments In High Court Healthcare Dispute
Two Native American tribes are asking the U.S. Supreme Court to allow them to separately argue their positions in seeking to uphold rulings that ordered the federal government to reimburse them millions in administrative healthcare costs, adding that the issues presented in the case are at the core of their ability to perform a critical service on their reservation lands.
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February 13, 2024
Arizona Lawmakers Sue Feds Over Grand Canyon Monument
The top Republicans in the Arizona Legislature and the state treasurer are asking a federal court to overturn President Joe Biden's protection of nearly a million acres in northern Arizona, calling his creation of the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument an "unlawful land grab."
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February 13, 2024
Rancher Accuses Biden Admin Of Abusing Antiquities Act
A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.
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February 12, 2024
Activists Ask Justices To Reverse Calif. Tribal Casino Approval
An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.
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February 12, 2024
Utah Defends Standing In Monument Cases Before 10th Circ.
The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.
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February 12, 2024
Judge Amends Camp Operator's $1M Surety Bond Order
A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.
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February 12, 2024
Canadian High Court Affirms Native Child Welfare Act Lawful
The Supreme Court of Canada has determined that federal legislation giving Indigenous nations jurisdiction over their own child welfare services is constitutional, reversing a lower court's decision that partially invalidated the law after Quebec officials argued the Trudeau administration overstepped its legislative authority in approving it.
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February 09, 2024
9th Circ. Judge Doubts Continued Role In Tribal Fishing Fight
A Ninth Circuit judge on Friday questioned whether federal courts' 50-year stretch of close supervision of Washington tribal fishing rights was too long, in a case involving the Stillaguamish Tribe of Indians' dispute with several other tribes involving fishing territories in coastal waters.
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February 09, 2024
SunZia Line Developer To Argue Against DOI Injunction Bid
The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.
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February 09, 2024
Ore. Dam Can Be Reviewed In 5 Years, Judge Says
An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.
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February 09, 2024
Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case
The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.
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February 09, 2024
Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win
In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
Expert Analysis
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Lithium Mine Case Marks Crossroads For Energy Storage Cos.
While the Ninth Circuit considers the future of the controversial Thacker Pass lithium mine, the utility-scale battery storage industry stands poised either to benefit from an increased domestic lithium supply, or to pivot toward the development of alternative battery technologies, says Riley Nickel at Husch Blackwell.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Absent Federal Action, Tribal Cannabis Laws Remain In Limbo
Many Native American tribes have proceeded with cannabis legalization efforts despite inconsistent federal enforcement and a confusing jurisdictional landscape, but until the federal government takes action, tribal sovereignty on this issue will remain ad-hoc and uncertain, says Anna Wills at Duane Morris.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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3 Job Satisfaction Questions For Partners Considering Moves
The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.
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State AGs May Put Investors On The Hook For Co. Bad Acts
Recent multidistrict litigation against consulting firm McKinsey for its role in the opioid crisis suggests state attorneys general may be seeking to look beyond the first line of bad actors in an attempt to hold deep-pocketed investors, such as private equity firms, liable for the conduct of the companies they purchase, say attorneys at Troutman Pepper.
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4 Exercises To Quickly Build Trust On Legal Teams
High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
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Opinion
Illicit Cannabis Is The Problem, Not State-Legal Markets
A recent White House report on drug trafficking illustrates the public safety risks posed by illicit cannabis markets, and any suggestions by law enforcement agencies that misdirect blame toward the state-legal, strictly regulated cannabis industry should be taken with a grain of salt, say Tommy Tobin and Andrew Kline at Perkins Coie.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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DOI Enviro Damage Assessment Proposal May Add Flexibility
The U.S. Department of the Interior's recently proposed overhaul of its natural resource damage assessment program suggests that current restrictive formulas may be replaced with a more flexible structure — which could bring major benefits to potentially responsible parties and natural resource trustees, says Brian Ferrasci-O’Malley at Nossaman.