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Native American
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December 12, 2023
Alaska Judge Joins Challenges Of Tongass Forest Protections
An Alaska federal judge is consolidating a trio of lawsuits claiming the Biden administration overstepped and unlawfully reinstated a ban on logging and road construction on millions of acres in the Tongass National Forest in southeast Alaska.
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December 12, 2023
23 States Tell Justices US Can't Sink Rio Grande Deal
About half the states in the nation — a mix of red and blue — are asking the U.S. Supreme Court to smack down the federal government's attempt to scuttle a Rio Grande water sharing agreement between Texas, New Mexico and Colorado.
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December 11, 2023
Mich. AG Turns To Shakespeare To Block Enbridge Appeal
Michigan Attorney General Dana Nessel quoted "Romeo and Juliet" in her bid to shut down a natural gas and oil pipeline that crosses the Great Lakes, telling the Sixth Circuit that Enbridge Energy LP is playing word games to support its late transfer of the lawsuit to federal court.
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December 11, 2023
Feds, States, Tribe Back Consent Decree With Gas Cos.
The federal government, the Southern Ute Indian Tribe and five states are asking a Colorado federal judge to enter a consent decree with The Williams Companies Inc. and Harvest Four Corners LLC, calling their settlement with the natural gas companies "fair, reasonable and in the public interest."
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December 11, 2023
Tulsa Looks To Ax Tribe's Indian Country Jurisdiction Dispute
Tulsa city officials are asking an Oklahoma federal district court to dismiss claims by the Muscogee (Creek) Nation that allege Native Americans are being unlawfully prosecuted, saying the law regarding jurisdiction over Indian Country is "unsettled, continually evolving and the subject of several pending lawsuits in both state and federal courts."
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December 11, 2023
Late VRA Map Unfair To Voters And Candidates, ND Says
Any change to North Dakota's redistricting map after Dec. 31 can't be undone without causing significant confusion and hardships among voters and candidates, Secretary of State Micheal Howe has told a federal district judge, saying a stay in judgment will allow its lawmakers a "reasonable opportunity" to adopt a remedial plan before the court imposes one.
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December 11, 2023
No Virus Coverage For Casino Operator, Minn. Panel Rules
A Minnesota state appeals court upheld the dismissal of a casino and golf course operator's bid for COVID-19 business-interruption coverage Monday, finding the operator failed to claim that COVID-19 was actually present at its property.
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December 08, 2023
ND Must Allow New Voting Map To Prevail In Suit, Tribes Say
A federal judge is allowing two Native American tribes time to plead their case as to why an alternative version of a new state voting map should be used to correct Voting Rights Act violations should North Dakota lawmakers fail to meet a deadline requiring them to make the amendments themselves.
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December 08, 2023
Tribe Tells Fla. High Court Gaming Pact Is Constitutional
Florida's Seminole Tribe on Friday defended state officials in a challenge to the legality of a 2021 pact allowing the tribe to receive online sports betting wagers, saying in a brief filed with the state Supreme Court that the agreement is consistent with the Indian Gaming Regulatory Act.
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December 08, 2023
Revised Rules Allow Tribes To Have A Say On Native Remains
The U.S. Department of the Interior has issued a final rule revising a 30-year-old law that will streamline the process for Indigenous communities seeking the return of their ancestral remains and cultural objects, a move tribes have wanted for years as they continued to face barriers in their attempts.
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December 08, 2023
Profs Warn Against Feds' Admin. Law Argument At 9th Circ.
A group of 20 law professors urged the Ninth Circuit to avoid conflating injunctions and vacatur in environmental and administrative law cases, after a panel paused a Washington federal judge's order that would have halted summer and winter commercial Chinook salmon troll fishing in southeast Alaska.
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December 08, 2023
Enviro Orgs. To Drop Suit Over Axed Lithium Exploration
The Center for Biological Diversity and Amargosa Conservancy are moving to dismiss their paused suit challenging a temporarily axed lithium exploration project near the Ash Meadows National Wildlife Refuge in southeast Nevada, saying they've struck an agreement with federal agencies to settle the case.
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December 07, 2023
Biden Executive Order Reforms Tribal Funding Access
President Joe Biden has signed an executive order that will make it easier for tribal nations to access and invest federal funds, giving them greater autonomy over their use of resources.
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December 07, 2023
Congress Members Pitch Bill Letting States Set Pot Policy
Members of Congress on Thursday unveiled a revamped version of a bipartisan bill to allow states, tribes and U.S. territories to implement their own marijuana policies without interference from federal prohibition.
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December 07, 2023
Feds Say Lack Of Funding, Officers Fueling Native Drug Crisis
A shortage of federal law enforcement, spare funding, jurisdictional issues, remote locations and bureaucratic red tape are all feeding into the fentanyl crisis plaguing Indian Country, federal officials told the U.S. Senate Indian Affairs Committee, yet there are no fast or easy answers on how to quell the problem.
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December 07, 2023
NY Tribe, County Reach Deal In Vehicle Use Tax Row
The Saint Regis Mohawk Tribe and local government officials have reached a settlement in the tribe's attempt to bar a New York county from imposing vehicle use taxes against its members.
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December 07, 2023
5th Circ. Presses San Antonio On Park Plan Worship Problems
A Fifth Circuit panel on Thursday leaned on San Antonio to show it considered ways to renovate a city park that would preserve a riverfront area sacred to a Native American church that accuses the city of trampling on its religious practices.
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December 07, 2023
Senate Advances Ex-Cherokee AG, 2 Other Judicial Nominees
The Senate Judiciary Committee on Thursday approved three judicial nominees with bipartisan support, including the former attorney general of the Cherokee Nation, who also held other positions in the tribe.
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December 06, 2023
Study Will Focus On Indian Reorganization Period, DOI Says
A new collaborative study by Indigenous tribes and the National Park Service will focus on the Indian Reorganization Period to help broaden understanding of the era and allow for a possible list of properties to examine for future National Historic Landmarks, the Department of Interior said on Wednesday.
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December 06, 2023
States Seek To Void CWA's Expanded Permit Powers Rule
Eleven states and three industry groups are challenging a Clean Water Act rule revision that allows states and tribes to block projects over potential impacts on water resources, saying it increases their environmental agencies' workloads and forces them to defend in court why they didn't consider every potential hazard.
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December 06, 2023
Groups Renew Fight To Block Willow Construction At 9th Circ.
The Sovereign Iñupiat for a Living Arctic and conservation allies are urging the Ninth Circuit to block winter construction on the Willow oil and gas project on Alaska's North Slope as the court considers their appeal of a ruling upholding Bureau of Land Management approvals for the controversial energy development.
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December 05, 2023
People Of Color Face Racism, Worst Outcomes In Healthcare
A significantly higher percentage of Black adults and other people of color say they have faced unfair treatment when seeking healthcare compared with white people, according to a Kaiser Family Foundation survey released Tuesday.
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December 05, 2023
States Ask Justices To Ignore US Objections To Water Deal
Texas, New Mexico and Colorado are asking the U.S. Supreme Court to reject the federal government's objections to a proposed consent decree that resolves a long-running dispute over Lower Rio Grande water resources.
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December 05, 2023
DC Judge Won't Waver On Wash. Tribe's Recognition Ruling
A D.C. federal judge on Monday declined a request by a Washington tribe to vacate an order denying it federal recognition for the fourth time, saying it presented claims that were already resolved and the information it provided didn't qualify as "changed circumstances" under the Federal Rules of Civil Procedure.
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December 05, 2023
North Dakota Secretary Of State Seeks Stay In VRA Ruling
North Dakota Secretary of State Michael Howe is asking a federal district court judge to stay a ruling requiring the state's lawmakers to address Voting Rights Act violations, saying the judgment that also barred him from allowing the nomination or election of candidates in contested districts makes it impossible to receive meaningful appellate review before the new 2024 election map must be finalized.
Expert Analysis
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Internet Gaming Biz Hit The Jackpot With Wire Act Ruling
A Rhode Island federal court's order in IGT v. Garland last month — siding with the First Circuit's interpretation of the Wire Act and confirming it applies only to sports betting — opens up opportunities for interstate online gaming and gambling, which will entail harmonized regulation and taxation regimes, say attorneys at Blank Rome.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Permitting Reform: Electric Transmission Implications
While Sen. Joe Manchin recently withdrew his energy infrastructure permitting reform proposal, it is likely that it will remain high on the congressional agenda — especially given its potential to transform authorizations and reviews for electric transmission projects, say attorneys at Steptoe & Johnson.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Opinion
Justices' Clean Water Act Queries Hint At Search For Balance
While some predict that the U.S. Supreme Court's conservative majority will use Sackett v. U.S. Environmental Protection Agency to strike a blow against the Clean Water Act, the justices' scrutiny of simplistic industry assertions during oral argument offers hope that they may render a more nuanced verdict, says Sambhav Sankar at Earthjustice.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Slow EPA Approvals Impair State Carbon Storage Plans
Given the Biden administration's enormous climate goals — including promoting geologic storage of carbon dioxide — the U.S. Environmental Protection Agency should consider improvements to its sluggish process for approving states' applications to manage carbon sequestration wells, say Anna Wildeman and Dave Ross at Troutman Pepper.
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.