Native American

  • April 15, 2025

    Court Abused Discretion In Tesoro Pipeline Row, 8th Circ. Told

    Enrolled members of a North Dakota tribe say a lower court abused its discretion in denying them intervention in a lawsuit challenging the federal government's right-of-way trespassing claims against the Tesoro High Plains Pipeline, arguing it failed to consider the full scope of their interests and rights at stake.

  • April 15, 2025

    Calif. Residents Sue Feds Over Tribe's Federal Status, Casino

    Three Plymouth, California, residents and a civil rights nonprofit have alleged in a suit that the federal government conspired to approve federal recognition, fee-to-trust and gaming applications for the Ione Band of Miwok Indians, questioning the constitutionality of the trust relationship between the U.S. and Indigenous nations.

  • April 15, 2025

    Senate Dems Call For Probe Into IRS Nominee's Business Ties

    The IRS needs to investigate companies associated with President Donald Trump's nominee for IRS commissioner that are suspected of promoting a scheme to sell nonexistent tribal tax credits to investors, two Senate Finance Committee Democrats said in a letter published Tuesday.

  • April 14, 2025

    Juul Seeks Ax of Noncompliant Plaintiffs In E-Cig Suits

    Juul on Monday asked a California federal judge to toss claims brought by plaintiffs who failed to comply with court orders, about two years after Juul reached a $255 million global settlement in the litigation.

  • April 14, 2025

    Conn. Sues Feds To Block 80-Acre Tribal Land Trust Decisions

    Connecticut is asking a federal court to undo a U.S. Bureau of Indian Affairs decision to take 80 acres into trust for the Mashantucket Pequot Tribal Nation, arguing it lacked authority to issue the order that, if allowed to stand, it said will end the state's sovereign territory rights.

  • April 14, 2025

    Feds Push To End Alaska Tribe's Gold Mine Permit Challenge

    The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.

  • April 14, 2025

    Trump Admin Moves To Weaken Migratory Bird Protections

    The top lawyer at the U.S. Department of the Interior says the federal government lacks the power to prosecute companies that inadvertently kill federally protected migratory birds, a legal position the department took during the first Trump administration but which was overturned by a federal court in 2020.

  • April 14, 2025

    Enviro Groups Sue Trump Admin Over Webpage Removals

    Environmental and science organizations, including the Sierra Club, filed suit on Monday in D.C. federal court over the Trump administration's removal of federal agency webpages that provided critical information concerning the environment, saying agencies removed the webpages without explanation, leaving the organizations unable to access sources they've long relied on.

  • April 14, 2025

    Four State Govs. Call On EPA To Increase Biofuel Targets

    Governors of Iowa, Missouri, Nebraska and South Dakota urged the U.S. Environmental Protection Agency to boost the amount of biofuel blended into fuel supplies as a way to help meet the Trump administration's domestic energy goals and strengthen investment in agriculture and rural communities.

  • April 14, 2025

    ABA Scholarship Illegally Bars White Applicants, Suit Says

    The American Bar Association unlawfully discriminates against white law students by excluding them from a scholarship program for racial and ethnic minorities, according to a federal lawsuit from a group founded by the conservative legal strategist who led a successful Supreme Court challenge to affirmative action in university admissions.

  • April 11, 2025

    Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.

  • April 11, 2025

    Native Villages Say It's Time To Vacate $70M Broadband Grant

    Now that a federal court has found that Alaskan native villages are tribal lands in the same way reservations are, that court is being told it's time for it to grant two such villages summary judgment on their claims that the government wrongly gave away $70 million in broadband funds meant for them.

  • April 11, 2025

    Trump Grid Order Threatens To Roil Electricity Sector

    President Donald Trump's directive to keep struggling power plants on the grid is an unusual use of the U.S. Department of Energy's authority to ensure power delivery during emergencies, and it could invite lawsuits while upending wholesale electricity markets.

  • April 11, 2025

    Another Calif. Tribe Files Suit Over $700M Casino Project

    A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.

  • April 11, 2025

    Virginia Tribe Says Medicaid Dispute Will Sink Healthcare Biz

    The Nansemond Indian Tribe is requesting that a federal court hand down an order that would instruct Virginia to continue processing its more than 130,000 unpaid Medicaid reimbursement claims, arguing that without it, the commonwealth will succeed in driving its healthcare entity out of business.

  • April 11, 2025

    EPA Workers Allege Discrimination Over Indefinite Leave

    U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.

  • April 10, 2025

    Calif. Centers Used 'Body Brokers' In $10M Scam, BCBS Says

    Blue Cross Blue Shield of Oklahoma slammed two California recovery centers and their owners with a lawsuit Thursday, alleging they spearheaded a $10 million kickback scheme to employ "body brokers" to find Indigenous patients for substance treatment facilities where they went to appalling lengths to stop them from leaving.

  • April 10, 2025

    Alaskan Tribes Sue Army Corps Over Gold Mining Project

    The U.S. Army Corps of Engineers failed to adequately evaluate the effects of a suction dredge mining project for gold on a "pristine" Alaskan estuary, Native American tribes said in a lawsuit filed Thursday.

  • April 10, 2025

    Groups Urge Protections For Native Monuments Amid Threats

    The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.

  • April 10, 2025

    BLM Nominee Drops Out After Trump Criticism Surfaces

    Oil and gas advocate Kathleen Sgamma is no longer in line to be the next head of the Bureau of Land Management, dropping out of the running on the morning of her Thursday confirmation hearing shortly after her past comments criticizing President Donald Trump were publicized.

  • April 10, 2025

    Alaska Asks DC Judge To Halt Tribe's Gaming Hall

    The state of Alaska is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the state challenges federal authorization for the facility, arguing that intervention is needed to preserve "the status quo that has existed in Alaska for more than 30 years."

  • April 09, 2025

    'Evasive' Unions Told To List Fired Probationary Workers

    The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."

  • April 09, 2025

    Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails

    A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.

  • April 09, 2025

    Colo. Says Online Betting Rules Don't Step On Tribal Authority

    Colorado has asked a federal judge to toss a lawsuit by two tribes who claim the state is overreaching by trying to regulate online sports betting, arguing its regulations are within the scope of the Indian Gaming Regulatory Act.

  • April 09, 2025

    Okla. Charter School Funding Args Need Clarity, Justices Told

    Indigenous organizations have weighed in on a dispute set to be argued later this month before the U.S. Supreme Court over whether Oklahoma can publicly fund the nation's first Catholic charter school, telling the justices that historical examples cited in the case of the federal government paying for Native boarding schools need clarification.

Expert Analysis

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

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