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Native American
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March 28, 2024
Montana High Court Says Laws Hinder Native Voting Rights
The Montana Supreme Court on Wednesday struck down four state laws that challengers claimed hindered Native Americans and students from participating in the state's election process, affirming a lower court's ruling that the 2021 legislation violated fundamental voting rights.
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March 28, 2024
Kauai Groups, Hawaii Settle Suit Over Hydro Project Review
Two West Kauai community groups say they've reached an agreement with the state of Hawaii and a utility to settle their suit over the environmental review for a hydroelectric development that threatened to divert large amounts of water from the Waimea River watershed.
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March 28, 2024
Advocates Push For More Hot Spot Options If E-Rate Expands
The Federal Communications Commission needs to consider a tech-neutral approach to funding wireless hot spots in schools to make sure that low-income and rural areas do not get left out if mobile carrier signals aren't adequate, an advocacy group said.
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March 28, 2024
Foxwoods Tribal Owner Loses $76M COVID Insurance Appeal
The Mashantucket Pequot Tribal Nation, which owns and operates the Foxwoods Resort Casino in Connecticut, did not meet a key burden when suing its insurer for more than $76 million in losses tied to the COVID-19 pandemic, the state's intermediate-level appeals court ruled Thursday in declining to revive the litigation.
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March 27, 2024
History Confirms Ruling In ND Tribes' VRA Win, Feds Say
The federal government is urging the Eighth Circuit to uphold a ruling confirming that a North Dakota redistricting effort violated the Voting Rights Act, arguing that if the appellate court were to reverse course it could strike a grievous blow that could affect seven states and thousands of political subdivisions within its circuit.
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March 27, 2024
SD Gov. Seeks Federal Funds Audit Of Tribal Law Enforcement
South Dakota Gov. Kristi Noem has asked President Joe Biden's administration to conduct a thorough audit of federal funding for the state's nine Native American tribes, saying additional law enforcement resources are urgently needed on reservation lands.
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March 27, 2024
Tribes Want Climate Change Row With Oil Cos. In State Court
Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.
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March 27, 2024
Cannabis Caucus Dems Urge Garland To Restore Pot Protections
The two Democratic members of the U.S. House of Representatives' Congressional Cannabis Caucus blasted Attorney General Merrick Garland on Wednesday for not reissuing "overdue" protections for marijuana businesses acting in compliance with state and tribal law.
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March 27, 2024
BLM Finalizes Methane Venting And Flaring Rule
The U.S. Bureau of Land Management on Wednesday announced its final rule meant to cut the amount of methane released at energy production facilities by reducing leaks and tightening limits on a process known as flaring.
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March 27, 2024
9th Circ. Judge Doubts Feds' Gambling Stance Matches Tribe's
A Ninth Circuit judge pushed back Wednesday against a gambling company's argument that a particular Washington tribe did not need to be a part of its lawsuit over state gambling compacts, pointing out that the federal government is expected to balance competing interests — not necessarily mirror the tribes' position.
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March 27, 2024
Navajo Sue Feds Over Withheld Forestry Program Funds
The Navajo Nation claims the U.S. Department of the Interior unlawfully withheld more than a million dollars in funding for its contracted forestry management program, telling a D.C. federal judge the department should be forced to provide the money and accept the funding agreements proposed by the nation.
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March 27, 2024
Make Sure Internet Stays Affordable, House Dems Tell NTIA
A dozen House Democrats urged a key Biden administration official on broadband policy to ensure high-speed internet projects across the country lead to affordable service as a federal low-income subsidy draws to a close.
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March 26, 2024
Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told
Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.
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March 26, 2024
NY Urges 2nd Circ. To Deny Tribe's Eel Fishing Challenge
The New York State Department of Environmental Conservation called on the Second Circuit to uphold a lower court's rejection of the Unkechaug Indian Nation's challenge to the agency's regulations on eel harvests, saying contrary to the tribe's arguments, they're not preempted by any federal treaty or statute.
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March 26, 2024
Fishers Say Tire Cos. Can't Escape Salmon ESA Suit
Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.
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March 25, 2024
Congress Urged To Renew FCC Auctions, Broadband Fund
Dozens of public interest groups want Congress to jump-start the Federal Communications Commission's spectrum auctions and use the proceeds to pour new funds into the Affordable Connectivity Program, fixing two problems confronting the FCC at once.
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March 25, 2024
IHS Fears Budget Cuts Over Tribal Healthcare Funding Case
Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.
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March 25, 2024
NOAA Allots $60M To Help Columbia River Salmon
The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.
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March 25, 2024
What To Watch As Opioid Litigation Goes To Ohio High Court
The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.
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March 25, 2024
BLM Adhered To Law In Granting Oil Lease Sales, Judge Rules
A D.C. federal judge has ruled in favor of the Bureau of Land Management in litigation brought by environmental groups seeking to challenge six oil and gas leases in the western United States, saying the agency did all that it was required to under the National Environmental Policy Act when it approved the lease sales.
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March 25, 2024
Texas Judge Extends Stay On Border Wall Funding Order
A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.
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March 25, 2024
Farmers, Attys Say USDA Bias Payouts Can't Snub Fee Deals
A pair of law firms from Ohio and Florida and their farmer clients have asked a federal judge to block the U.S. Department of Agriculture from paying out $2.2 billion in assistance directly to minority farmers it discriminated against, claiming the government disregarded contingent-fee agreements between the firms and the farmers.
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March 25, 2024
Justices Won't Hear MAGA Hat Teen's Media Defamation Suit
The U.S. Supreme Court on Monday declined to review a Sixth Circuit decision dismissing a suit against several media companies from a man who says they defamed him with their coverage of his encounter with a Native American activist while he was a teenager wearing a "Make America Great Again" hat.
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March 25, 2024
Justices Preserve Obama-Era Forest Monument Expansion
The U.S. Supreme Court on Monday declined to review two appellate court rulings upholding former President Barack Obama's expansion of the Cascade-Siskiyou National Monument on the Oregon-California border.
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
Expert Analysis
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.