Native American

  • March 15, 2024

    Alaska, Cos. Hit Feds With $700B Pebble Mine Takings Suits

    The state of Alaska and a company behind the controversial Pebble Mine construction project filed separate takings lawsuits against the federal government in the U.S. Court of Federal Claims on Thursday, seeking more than $700 billion in damages for blocking development of the area that's home to important fisheries.

  • March 15, 2024

    Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told

    A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."

  • March 15, 2024

    Feds Streamline Historic Reviews For Broadband Projects

    The Advisory Council on Historic Preservation is heeding the call to make it easier for historical preservation checks to be done on any broadband projects that use federal funds, announcing that it will amend the rules to add that flexibility.

  • March 15, 2024

    Firm, Mont. Tribal Council To Settle Violence Dispute

    Greenberg Traurig LLP, its longtime counsel and a Montana tribal council are looking to settle a dispute in which the law firm and attorney are accused of devising a financial scheme that led to violence over a decision to remove the board of directors of the tribe's economic entity.

  • March 15, 2024

    Fla. Tribe Urges No Pause In Suit Over State's Water Power

    The Miccosukee Tribe of Indians of Florida on Thursday urged a federal judge not to pause its lawsuit against the U.S. Environmental Protection Agency that alleges the state was improperly awarded authority over a Clean Water Act permitting program.

  • March 15, 2024

    Tribe, Teck Weigh In On Columbia Pollution Claims

    A Teck Resources Ltd. unit is pushing back against the Confederated Tribes of the Colville Reservation's argument that its claims for so-called tribal service losses for Upper Columbia River pollution were improperly dismissed, while a neighboring tribe is also urging a Washington federal judge to revisit a "clearly erroneous ruling."

  • March 15, 2024

    'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told

    An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."

  • March 14, 2024

    Florida Seeks Faster Action In CWA Permitting Program Row

    Florida is urging a D.C. federal judge to "accelerate the process" to determine if the state can retain some Clean Water Act permitting authority after federal approvals for its program were vacated, or else appeal an order that thrust a thousand pending projects into "unconscionable limbo."

  • March 14, 2024

    Lawmakers Secure $1.3B For Native American Housing

    A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.

  • March 14, 2024

    FCC Proposes Adding Emergency Alerts For Missing Adults

    The Federal Communications Commission on Thursday proposed to require that broadcast and cellphone carriers send out mobile notifications about missing adults, similar to Amber Alerts about missing children, to fix a shortcoming in the nation's public safety alert system.

  • March 14, 2024

    Feds Say Healthcare Ruling Could Upset Tribal Relationships

    The federal government is urging the U.S. Supreme Court to overturn a lower court's ruling that ordered Indian Health Services to reimburse millions in administrative healthcare costs, saying if the two tribes prevail in the litigation, it would upend 35 years of practice between the agency and its contracting tribes.

  • March 14, 2024

    Mont. Youths Urge State High Court To Uphold Climate Ruling

    A group of youth plaintiffs on Wednesday urged the Montana Supreme Court to uphold a state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions.

  • March 14, 2024

    Energy Dept. Floats $2.26B Loan For Nev. Lithium Project

    The Biden administration is pitching a $2.26 billion loan to help fund lithium carbonate processing facilities at the controversial Thacker Pass mine in northern Nevada, saying they could support the production of as many as 800,000 electric vehicles a year.

  • March 13, 2024

    Ariz. Families Sue For Wrongful Death Amid Healthcare Scams

    The families of two Native American men are suing the state of Arizona and several of its entities, alleging that they're liable for their loved ones' deaths due to a lack of oversight on the "so-called sober living crisis" that led to one of the largest healthcare scandals in the state's history.

  • March 13, 2024

    EPA Designates First Navajo Nation Superfund Site

    The U.S. Environmental Protection Agency is adding the Lukachukai Mountains Mining District in northeastern Arizona to its National Priorities List, with the district's uranium mining waste piles marking the first designated Superfund site on the Navajo Nation.

  • March 13, 2024

    Amazon Groups Ask To Meet Banks Over Oil Co. Financing

    A coalition of Indigenous people and fishing groups in Peru is asking to meet with leaders of JPMorgan Chase & Co. and Citigroup Inc. to discuss concerns about state-owned oil company Petroperú and demand that the banks not help it secure more financing, according to the nonprofit Amazon Watch.

  • March 13, 2024

    FCC Waives Rules So Tribes Can Access Midband Spectrum

    The Federal Communications Commission is waiving rules for spectrum over tribal lands, allowing six Native American tribes to obtain licenses for unassigned 2.5 gigahertz spectrum over off-reservation lands in an effort to boost their wireless connectivity.

  • March 12, 2024

    Committee Approves Bill Aimed At Blocking New Mining Rule

    The House Committee on Natural Resources voted Tuesday to approve a bill aimed at blocking a proposed rule amendment by the Biden administration that would tighten the permitting process for mining projects deemed critical by the federal government despite concerns from Democrats over impacts to the environment and Native American sacred sites. 

  • March 12, 2024

    ISPs, Public Advocates Debate Need For FCC's Equity Rule

    Two major broadband providers on Tuesday disputed the need for the federal government's new, far-reaching rule barring discrimination in broadband deployment, even as public and consumer advocates argued that equitable rollout of high-speed internet remains a national priority.

  • March 12, 2024

    5 Questions For Former FCC Member Michael O'Rielly

    It's been just over three years since Republican Michael O'Rielly left his seat on the Federal Communications Commission, but a lot of ground has shifted in the telecom space since he left for the private sector.

  • March 12, 2024

    Tire Cos. Seek Exit From Salmon-Harming Chemical Suit

    A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.

  • March 12, 2024

    Gold King Mine Contractor Looks To Toss Final Navajo Claims

    An environmental and infrastructure services firm is asking a New Mexico federal judge to dismiss the last three claims the Navajo Nation lodged against it for the Gold King Mine spill in southwest Colorado, which sent several million gallons of hazardous mine waste into area waterways.

  • March 11, 2024

    Navajo Says Funding Bid Backed By Self-Determination Act

    The Navajo Nation urged a D.C. federal judge to grant it a quick win in its challenge to allegedly inadequate judicial funding, saying the federal government's arguments for why it shouldn't recoup a $15 million interest shortfall can't survive scrutiny under the Indian Self-Determination and Education Assistance Act.

  • March 11, 2024

    Feds Pitch Draft Plan For Contested Bears Ears Monument

    The Bureau of Land Management and the U.S. Forest Service are asking for public input on a draft resource management plan for the Bears Ears National Monument, prepared with input from partners including five tribal nations.

  • March 11, 2024

    Feds Seek Tribal Input On National Native Language Survey

    The U.S. Department of Health and Human Services said it is surveying tribal governments and Native language community groups to collect data and provide "critical" information about how federal support can help revitalize languages that are in danger of disappearing.

Expert Analysis

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • How DOI Aims To Modernize Resource Damage Assessments

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    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Cannabis Banking Bill Uncertainty May Actually Be A Blessing

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    The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

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