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Native American
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January 16, 2024
IHS Wants Tribes' Input On $250M To Combat Fentanyl Crisis
The U.S. Indian Health Service is asking tribal leaders for their recommendations on how to spend $250 million in potential federal funding to support efforts to fight the fentanyl crisis plaguing Indian Country.
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January 16, 2024
Feds Say LNG-By-Rail Rule Was Done By The Book
The federal government has told the D.C. Circuit that it lawfully crafted a rule permitting bulk rail transport of liquefied natural gas in the last year of the Trump administration, even though the Biden administration has suspended the rule and is working on amending it.
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January 12, 2024
Feds Score Judgment In Row Over Idaho Forest Project
An Idaho federal judge said Wednesday a conservation group waived its challenge of the U.S. Forest Service's decision to categorically exclude a logging and prescribed burning project in the Idaho Panhandle National Forest from environmental review under a Healthy Forest Restoration Act provision.
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January 12, 2024
DOI Rule Aimed At Easing Tribal Land Trust Delays Is In Effect
A newly implemented rule will streamline the application process for Native American tribes asking the government to take land into trust by extensively cutting down the wait time for a decision and making the entire proceeding less expensive, the U.S. Department of the Interior said.
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January 12, 2024
EPA, Blue States Jump To Defend Expanded Water Power Rule
The U.S. Environmental Protection Agency asked a Louisiana federal judge Friday not to block its rule broadening states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns — a power being challenged by a group of red states and industry groups.
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January 12, 2024
Judge Nixes Native Fragrance Co.'s Bid To Snuff Jury Verdict
A Connecticut state court judge has refused to throw out a jury verdict after a Native American-controlled supplier failed to recover an alleged $8 million in damages from a fragrance manufacturer, outlining why the jury probably determined that a confusing contract existed but that no breach occurred.
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January 12, 2024
Up Next At High Court: Chevron Deference, Corp. Filings
The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes.
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January 11, 2024
Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses
A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.
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January 11, 2024
FCC Told Remote Tribal Areas Are 'Special Case' For Funds
Auctioning off 5G funds meant to bring connectivity to remote tribal areas is a bad idea, according to a mobile provider that says the Federal Communications Commission should treat these regions as a "special case" and dole the funds out differently from those meant for other rural areas.
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January 11, 2024
Ruling Would Destroy DOI's Land Trust Limits, Casinos Say
Three Detroit casino operators are urging the D.C. Circuit to uphold a lower court's ruling that blocked the Sault Ste. Marie Tribe of Chippewa Indians from acquiring land for two casino developments, saying the tribe is attempting to erase the limits on the federal government taking land into trust for Native American tribes.
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January 11, 2024
Feds Seek More Time To Fix Mont. Coal Mine Analysis
The U.S. government is asking a Montana federal judge for more than a year of extra time to correct a faulty environmental analysis for a coal strip mine expansion near the city of Colstrip, cautioning that conservation groups plan to oppose its request.
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January 11, 2024
Mont. Tribal Co. Exits Suit Claiming Law Firm Incited Violence
A Montana federal court has dismissed an Indigenous-owned company from litigation in which it accused Greenberg Traurig LLP and its longtime counsel Jennifer Weddle of devising a financial scheme that led to violence over a decision to remove its board of directors.
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January 10, 2024
10th Circ. Urged To Keep National Monuments Designation
Native American tribes and environmental organizations have urged the Tenth Circuit to uphold a lower court decision dismissing Utah and other groups' challenge to President Joe Biden's redesignation of large swaths of the state as part of the Bears Ears and Grand Staircase-Escalante national monuments.
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January 10, 2024
Oil Terminal Permit Needs Harder Look, Groups Tell 5th Circ.
Several groups are asking the Fifth Circuit to overturn a Texas federal judge's ruling affirming a dredging permit the U.S. Army Corps of Engineers issued for the expansion of a major oil export terminal near Corpus Christi, arguing the agency clearly failed to take the required "hard look" at the impacts.
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January 10, 2024
Native Owners Again Seek To Intervene In ND Pipeline Row
A group of North Dakota tribal landowners with property alongside a gas and oil pipeline are asking a federal district court to allow them to intervene in litigation over right of way trespassing claims through the Fort Berthold Indian Reservation, saying the federal government is only trying to protect its own interests in forthcoming breach of trust claims against it.
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January 10, 2024
EPA's Water Leader To Step Down After Busy Tenure
The head of the U.S. Environmental Protection Agency's water office on Wednesday said she'll be stepping down at the end of February, after three years leading the office through a multibillion-dollar infusion and several high profile rulemaking efforts.
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January 10, 2024
Montana Camp Must Pay $1M Bond To Stay Tribal Lease Order
A Montana campground operator must post a $1 million surety bond to allow a stay to remain in place while it appeals a ruling to the Ninth Circuit in favor of the Blackfeet Nation in an ongoing land lease dispute, a federal district court judge said, determining that the company presented a "substantial case for relief on the merits."
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January 09, 2024
Ohio High Court Urged To Toss $650M Opioid Verdict
Walmart, CVS and Walgreens — backed by business groups — have urged the Ohio Supreme Court to toss a $650 million jury verdict awarded to two counties in opioid litigation, saying that state product liability law bars the counties' public nuisance claims.
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January 09, 2024
BIA Sued In Brothers' Quest For Alaska Ancestral Records
Two elderly brothers have accused the Bureau of Indian Affairs of violating federal open records law by failing to turn over ancestral information that could prove their link to an Alaska Native village, according to a complaint filed in Washington federal court.
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January 09, 2024
Army Corps Seeks To End Suit Over Gold Mine Permit
The Army Corps of Engineers is asking a Louisiana federal judge to throw out a Nevada company's lawsuit claiming it has taken too long to process a gold mining permit application or else transfer the matter to the District of Alaska.
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January 09, 2024
Feds Allege CWA Violations At Navajo Water Treatment Plants
The United States has sued the Navajo Tribal Utility Authority on behalf of the U.S. Environmental Protection Agency, saying it is not compliant with the Clean Water Act and has failed to take necessary steps to stop wastewater pollution.
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January 08, 2024
ND Must Adopt Tribes' Redistricting Plan, Judge Says
The North Dakota Legislative Assembly must adopt two tribes' plan to correct Voting Rights Act violations, a federal district judge ruled on Monday, while denying state lawmakers' time extension request to implement a remedial redistricting map past the court-ordered Dec. 22 deadline.
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January 08, 2024
Tribes Withdraw Appeal Seeking To Halt Nev. Lithium Mine
Three Native American tribes have dropped their Ninth Circuit fight to revive a lawsuit seeking to block an open-pit lithium mine in northern Nevada, but tensions remain high as project opponents have clashed at the site and in state court.
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January 08, 2024
Jury 'Confused' In Shampoo Contract Case, Conn. Judge Told
A shampoo fragrances supplier urged a Connecticut state judge to overturn a trial verdict in favor of a botanical scent producer in a contract dispute, arguing Monday that the jury's likely bafflement over the agreement's terms should invalidate its finding.
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January 08, 2024
Tulsa Has Interest In Prosecuting Native Crimes, Officials Say
The city of Tulsa has a strong interest in enforcing criminal law within its boundaries, its officials said, arguing that concurrent jurisdiction with the Muscogee (Creek) Nation over Native Americans who commit crimes within its boundaries is "paramount" to the Oklahoma tribe's safety.
Expert Analysis
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New US Waters Definition May Rock The Boat
Federal agencies' latest attempt to define "waters of the United States" attempts to avoid previous rules' failings, though it will potentially increase administrative difficulties for regulated entities and also leaves ample ground for litigation, say Christopher Thomas and Andrea Driggs at Perkins Coie.
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What's At Stake In High Court's Tribal Bankruptcy Ruling
By accepting Lac du Flambeau v. Coughlin, the U.S. Supreme Court has an opportunity to revisit tribal sovereign immunity by way of interpreting the U.S. Bankruptcy Code, with significant repercussions when tribes are eligible to file as debtors, says Wilda Wahpepah at Sheppard Mullin.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.
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Will BLM's 2nd Attempt At Natural Gas Waste Rule Succeed?
The Bureau of Land Management's new natural gas waste reduction proposal revamps a 2016 rule struck down for trying to regulate air emissions — and while the proposal's focus is reducing operator costs and raising taxpayer revenue, it may still face court challenges, say Andrew Glenn and Katie Andersen at Husch Blackwell.
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.