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Native American
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January 19, 2024
Dam Co. Says Wash. Tribe Gets It Wrong On Fish Takings
The operator of a dam on the Puyallup River near Seattle has asked a Washington federal court to dismiss a Native American tribe's claims about future construction of a hydroelectric project that may endanger fish, saying it is wrongly attempting to challenge operations that don't yet exist.
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January 19, 2024
Feds To Turn To 9th Circ. To Swat Down Kids' Climate Suit
The federal government told an Oregon federal judge it plans to ask the Ninth Circuit to strike down her recent decision greenlighting an amended climate lawsuit filed by young people over the role of harmful fossil fuel energy policies in worsening the climate crisis.
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January 19, 2024
Camp Operator Wants $1M Surety Bond Order Cut In Half
A Montana campground operator is asking a federal judge to cut nearly in half a $1 million surety bond order that would allow a stay to remain in place, saying the amount far exceeds any potential impact on the Blackfeet Nation in a long-running land lease dispute.
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January 19, 2024
Wash. Judge Upholds USFS Review For Forest Restoration
A Washington federal judge upheld the U.S. Forest Service's decision to authorize a 24,000-acre restoration project on the Okanogan-Wenatchee National Forest near the town of Twisp, rejecting a conservation group's arguments that the environmental review fell short of what is required.
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January 19, 2024
Ariz. Tribes Say Power Line Project OK Imperils Sacred Areas
A coalition of Arizona tribes and conservationists has sued the U.S. Department of the Interior over its approval of a major power transmission line project running through the state, claiming it failed to conduct a legally adequate inventory of historic properties and cultural resources that would be affected.
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January 18, 2024
SD Sioux Tribe Vying For FCC Universal Service Recognition
The Cheyenne River Sioux Tribe is asking the Federal Communications Commission to certify its telephone authority as an Eligible Telecommunications Carrier, saying the agency had no reason four years ago to dismiss its petition, which would have made it eligible for federal funding.
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January 18, 2024
Dems Say DAPL Review Falling Short For Climate, Tribes
More than 30 Democratic lawmakers wrote to the U.S. Army Corps of Engineers on Thursday to express concerns about tribal consultation and the climate analysis for a draft environmental impact statement for the Dakota Access Pipeline, saying the draft seems to shortchange and neglect environmental review requirements.
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January 18, 2024
Green Group Backs Mich. In Pipeline Challenge Venue Spat
An environmental policy and law center is backing the Michigan attorney general in her appeal of Enbridge Energy's removal to federal court of a state lawsuit seeking to shut down a pipeline that crosses through the state's water, saying it undermines the role of states to protect their interest in natural resources.
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January 18, 2024
Feds Join AgriBiz In Asking 9th Circ. To Upend Land Swap
The federal government and a global agribusiness with operations in Idaho have urged the Ninth Circuit to overturn a lower court ruling that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer for the expansion of a fertilizer plant.
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January 18, 2024
Neb. County Officials Suggest Stay In VRA Consent Decree
Officials in Thurston County, Nebraska, say a pause by a federal district court judge might best serve in determining whether to accept a consent decree that resolves Voting Rights Act claims brought by two Native American tribes while similar litigation plays out in the Eighth Circuit.
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January 17, 2024
'Chaos' Warning Resonates As Justices Mull Chevron's Fate
A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.
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January 17, 2024
Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'
The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes.
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January 17, 2024
5 Key Takeaways From Supreme Court's Chevron Arguments
U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.
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January 17, 2024
Caremark Wants Tribe's Prescription Claim Suit Arbitrated
Caremark LLC has asked an Arizon federal court to compel arbitration of a lawsuit the Muscogee (Creek) Nation and its health department filed claiming the pharmacy benefit manager failed to pay claims for prescription drugs.
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January 17, 2024
DOL Eyes Settlement In ERISA Fight With Ariz. Tribe
The U.S. Department of Labor told a D.C. federal court Wednesday it's close to resolving the White Mountain Apache Tribe's suit alleging that the agency's employee benefits arm unlawfully hit it with $140,000 in penalties after abruptly beginning enforcement of certain pension reporting requirements for tribes.
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January 17, 2024
NM Justices Find No Authority Over Tribal Casino Injury Suits
The New Mexico Supreme Court has ruled that a man's personal injury suit against the Pueblo of Pojoaque belongs in tribal court because shifting the jurisdiction to state court, as authorized under a gambling compact, was outlawed by a finding in another case that the federal Indian Gaming Regulatory Act does not allow such a jurisdictional change.
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January 17, 2024
Wis. Town Ignores Right-Of-Way Act In Road Dispute, Feds Say
A northern Wisconsin town is ignoring the Indian Right-of-Way Act when it claims the right to use roads within the exterior boundary of a reservation, the federal government said in a bid to have the town's suit against it thrown out.
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January 17, 2024
High Court Majority Shows No Eagerness To Overturn Chevron
U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.
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January 16, 2024
6 Opinions To Read Before High Court's Chevron Arguments
The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.
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January 16, 2024
Mont. High Court Won't Halt Kids' Win In Climate Suit
A Montana state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions will stay in place, after the state's high court on Tuesday rejected the Montana attorney general's request for relief from and a stay of the ruling.
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January 16, 2024
Feds Back Alaska Tribe In Fishing Dispute With State
The U.S. government is urging an Alaska federal judge to grant summary judgment to the Metlakatla Indian Community in its fishing rights fight with Alaska, saying state officials are repeating already-rejected arguments and misconstruing aboriginal rights and the Alaskan Native Claims Settlement Act.
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January 16, 2024
White Residents Denied Class Cert. In NC City Board Bias Suit
A group of white residents who claim a North Carolina city's appointment process for a volunteer commission is discriminatory lost their bid for class certification this week when a federal judge found there were, at most, just nine members who qualified for class treatment.
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January 16, 2024
Osage Nation Asks FCC Again For 'Eligible' Telecom Status
The Osage Nation of Oklahoma needs the Federal Communications Commission to designate it as an eligible telecommunications carrier so that the permitting process for laying 27 miles of fiber optic cables can go smoother, it has told the agency.
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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.
Expert Analysis
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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.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Higher Ed Can't Recycle Cannabis Policies For Psychedelics
As efforts to legalize and decriminalize psychedelic substances proliferate, higher education must recognize the nuanced legal issues that distinguish these drugs from cannabis, and consider a unique approach to the possession, use and research of psychedelics on campus, say attorneys at Saul Ewing.
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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How Gov't Enviro Justice Push May Affect Developers
Attorneys at Crowell & Moring contextualize the U.S. Environmental Protection Agency's recent guidance on environmental justice and permitting decisions, and the U.S. Department of Energy's requests for input on using grants to achieve EJ goals, highlighting practical implications for project developers and other industry participants.
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Opinion
International Reps Would Advance Native American Interests
As Congress debates granting the Cherokee Nation a representative in the U.S. House of Representatives, another method of advancing tribal nations' political and commercial goals would be to appoint honorary tribal representatives, similar to diplomatic consuls, in other countries, says consultant Lincoln McCurdy.