Native American

  • December 03, 2021

    Alaska Fails In Its Challenge To Tribal Emergency Hunting

    An Alaska federal judge has tossed a suit by the state challenging the Federal Subsistence Board's approval of emergency hunts for moose and deer, saying claims over a tribal village's hunt are moot because the activity authorized in response to COVID-19-related food security concerns is finished.

  • December 03, 2021

    Sauk-Suiattle Tribe Loses Challenge To Seattle Dam, For Now

    A Washington federal judge has tossed a lawsuit that the Sauk-Suiattle Indian Tribe brought against Seattle seeking to block the operation of a hydroelectric dam in order to protect fish on the Skagit River, ruling that she doesn't have jurisdiction over the matter.

  • December 03, 2021

    Texas Pueblo Urges Justices To Undo E-Bingo Decision

    The Ysleta del Sur Pueblo has urged the U.S. Supreme Court to overturn a decision that Texas can block the tribe's electronic bingo, saying it's time for the high court to discard a badly decided case that the Fifth Circuit has been following for more than 25 years.

  • December 03, 2021

    EPA Promises $44B For Water Projects To States, Tribes

    A $44 billion slice of the recently passed $1.2 trillion federal infrastructure package will soon be available to replace lead pipes and ensure clean drinking water nationwide, the U.S. Environmental Protection Agency administrator told state, tribal and territorial leaders, stressing that disadvantaged communities must get priority.

  • December 02, 2021

    Alaska Enviro Groups Seek Early Win In Mining Road Fight

    Environmental groups have urged an Alaska federal judge to grant them an early win in their suit seeking to vacate permits for a mining road in a protected wilderness area, saying U.S. government agencies failed to carefully analyze the project when giving it the go-ahead.

  • December 02, 2021

    Alaska Tribal Health Consortium Hits Feds With $41.7M Suit

    The Alaska Native Tribal Health Consortium is suing the U.S. Department of Health and Human Services for $41.7 million in damages over the government's alleged refusal to pay full contract support costs for operating federal health programs.

  • December 02, 2021

    Calif. Tribe Wants To Duck Casino Worker's Harassment Suit

    A Native American tribe has asked a California federal judge to toss sexual harassment claims by a former employee of its casino resort, saying that the court lacks jurisdiction and that the case should instead be adjudicated by the tribe's claims commission.

  • December 02, 2021

    Colo. Judge Refuses To Block State's Native Mascot Ban

    A Colorado federal judge has refused to block the state's ban on most uses of Native American-themed mascots in public schools, saying a group opposing the measure hasn't shown any harm that would warrant an emergency injunction.

  • December 02, 2021

    House Passes Bill Allowing Feds To Hold Tribal Lands In Trust

    The U.S. House of Representatives passed a bill that would ensure that tribal trust lands retain their status under the federal government, reaffirming the authority of the Secretary of the Interior to take land into trust for Native American tribes.

  • December 01, 2021

    Juul Wins Permanent Trim Of MDL Suit Claims

    A California federal court has permanently tossed a number of individual plaintiffs from a multidistrict litigation against Juul Labs Inc. and Altria Group, after Juul convinced the judge that the individuals failed to submit substantially complete fact sheets in the case.

  • December 01, 2021

    Native Americans Say They Were Cheated By Local ISP

    When 3 Rivers Communications sold off a telephone and internet exchange that covered a Blackfeet reservation, the telecom's Native American customers were shuffled off to a new company and denied the money they were owed as member-owners, a new suit claims.

  • December 01, 2021

    Reps. Float Bill To Foster Indigenous Economic Development

    Rep. Norma J. Torres, D-Calif., and Rep. Tom Cole, R-Okla., have introduced a bipartisan bill to spur federally recognized Native American tribes to trade and invest with other Indigenous groups throughout the Western Hemisphere.

  • December 01, 2021

    NY Inks Deals For Clean Energy Transmission Projects

    Two clean energy companies have signed deals with the Empire State that could provide New York City with as much as a third of its electric needs each year from solar, wind and hydroelectric sources.

  • December 01, 2021

    Jordan Cove Developers Pull Plug On $10B Project

    Developers are pulling the plug on plans to build the contentious $10 billion Jordan Cove liquefied natural gas export terminal and pipeline in Oregon, telling the Federal Energy Regulatory Commission on Wednesday that they no longer believe they can get state permits.

  • November 30, 2021

    Michigan Focuses On State Court In Enbridge Pipeline Fight

    Michigan has decided to focus its fight against Enbridge's Line 5 crude oil pipeline on proceedings in state court, asking Tuesday to drop a related federal case over the state's revocation of an easement for an underwater segment of the line.

  • November 30, 2021

    EPA Floats Deal To End Enviros', Tribe's Suit Over River PCBs

    The U.S. Environmental Protection Agency has reached an agreement with two environmental groups and a Washington tribe to settle their decadelong Clean Water Act suit seeking to force the agency to regulate PCB contamination in the Spokane River, according to a notice to be published in the Federal Register on Wednesday.

  • November 30, 2021

    NY Village Asks High Court To Overturn Cayuga Bingo Ruling

    The village of Union Springs, New York, has urged the U.S. Supreme Court to overturn a Second Circuit ruling that the village can't block the Cayuga Nation from offering electronic bingo, saying the appellate court misapplied both a 2005 high court decision and federal law.

  • November 30, 2021

    Behind The Scenes With Opioid Attys At Landmark Jury Trial

    Fresh off the first jury verdict in coast-to-coast opioid litigation, attorneys for victorious Ohio counties took Law360 behind the scenes to discuss misconduct that nearly derailed the landmark trial, lessons learned from conversations with jurors, and their evolving strategy for future courtroom clashes.

  • November 30, 2021

    Climate Youths Say Justices' Ruling Bolsters Bid To Fix Suit

    Young climate activists seeking to save their case against the federal government after standing issues foiled them at the Ninth Circuit are pointing to the U.S. Supreme Court's recent ruling in two states' water rights dispute as proof they can amend their complaint.

  • November 30, 2021

    Green Groups Celebrate End Of Maui CWA Permit Case

    Environmentalists are cheering a Hawaii county's decision to surrender in a long-running legal battle over Clean Water Act permits for wastewater wells that resulted in an important new interpretation of the law at the U.S. Supreme Court.

  • November 29, 2021

    Tribe Member Says Council Can't Avoid Biz Fraud Suit

    A Three Affiliated Tribes member urged a North Dakota federal court Monday to reject a bid by the tribes' business council to end a suit alleging it defrauded the member's company of nearly $46 million from a concrete business, saying the case doesn't involve an intratribal dispute and the federal court should tackle the case.

  • November 29, 2021

    Mich. Tribe Asks Supreme Court To Review Reservation Ruling

    The Little Traverse Bay Bands of Odawa Indians has urged the U.S. Supreme Court to review a Sixth Circuit decision that found an 1855 treaty did not create a federal Indian reservation for the tribe, calling the ruling an "affront to the band's history" and a threat to other Michigan tribes.

  • November 29, 2021

    Interior Recommends Higher Costs For Oil, Gas Drilling

    The U.S. Department of the Interior says "significant reforms" are needed to shore up federal oil and gas leasing, including potentially higher costs for drilling on public lands and changes aimed at yielding better returns for the public.

  • November 29, 2021

    9th Circ. Nixes Tribe Members' Highway Project Claims

    The Ninth Circuit has tossed an appeal by Oregon tribal members who sued the government after a site sacred to them was destroyed to make room for a highway, saying the federal agencies they sued can't offer the relief they seek.

  • November 29, 2021

    Activists Redouble Efforts To Block Colo. Native Mascot Ban

    A group calling itself the Native American Guardian Association continued to spar with Colorado over the Thanksgiving Day weekend in a lawsuit aimed at stopping a statewide ban on Native mascots in public schools.

Expert Analysis

  • Opinion

    Implementing McGirt Can Provide Tribal Self-Determination

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    Following a recent string of tribal reservation rulings from the Oklahoma Court of Criminal Appeals, the federal government should apply the U.S. Supreme Court’s 2020 ruling in McGirt v. Oklahoma in order to allow for meaningful tribal self-determination in the provision of criminal justice, says Stephen Greetham at the Chickasaw Nation.

  • Ohio Opioid Verdict Brings Focus To Role Of Pharmacists

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    The recent federal Ohio jury verdict in National Prescription Opiate Litigation found pharmacies liable for contributing to the public nuisance of the opioid epidemic, advancing the question of when pharmacists owe a duty to warn or refuse to fill a prescription, says Roseann Termini at Widener University's Delaware Law School.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • How DOD's Climate Focus Will Affect Gov't Procurement

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    Attorneys at Arnold & Porter discuss effects of the Biden administration’s climate change policies on U.S. Department of Defense procurement, why government contractors should comment on related changes to the Federal Acquisition Regulation while they can, and risks and opportunities to watch for now that these policies are likely here to stay.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • What Latest Build Back Better Draft Means For Green Energy

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    The House Rules Committee's most recent draft of the Build Back Better Act would be a game changer for renewable energy, with numerous updates to investment and tax policies affecting green power projects — but stakeholders must factor in the possibility of more changes to the bill before enactment, say attorneys at Troutman Pepper.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

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