New Mexico, Utah and the Navajo Nation have blasted the U.S. Environmental Protection Agency's efforts to shake their claims stemming from the 2015 Gold King Mine spill, accusing the agency of trying to ditch liability for the contaminated water release despite promising to take full responsibility.
A U.S. Department of the Interior environmental restoration program that’s intended to provide a way for polluters at Superfund sites to clean up their messes is being targeted for revisions that could make it easier to use, a move welcomed by industry attorneys who say the program has been plagued by inefficiencies.
Clean Power Plan supporters urged the D.C. Circuit on Tuesday to finally decide the merits of the rule, arguing that the Trump administration doesn't deserve any more time to craft a potential replacement, especially since what's been proposed by the U.S. Environmental Protection Agency is weaker than the CPP itself.
A Crow tribe member urged the U.S. Supreme Court on Tuesday to overturn his Wyoming state court conviction for illegal elk hunting in the Bighorn National Forest, saying that the lower court's ruling could undermine many tribes' rights under their treaties with the federal government.
A group of generic-drug makers pushed back at a Montana tribe's attempt in multidistrict litigation ongoing in Ohio federal court to hold them liable for the opioid epidemic, saying they shouldn't be lumped in with their brand-name counterparts because they operate under a different business model.
The Dakota Access Pipeline will have no significant impact on the environment, the U.S. Army Corps of Engineers told a D.C. federal judge Friday, in a court-ordered review spurred by Native American tribes’ legal challenges it its decision to approve the project.
Descendants of the people once enslaved by the Cherokee Nation hit the tribe with a proposed class action in D.C. federal court, challenging a provision in its constitution requiring that candidates for the position of principal chief have so-called “blood Cherokee” status.
A federal judge refused Thursday to give a group of California residents a quick win in their suit that mounted a challenge to a federal government decision to take more than 1,400 acres of land into trust for a Native American tribe.
Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee starting Tuesday promises to be one of the most public spectacles of his career, with the D.C. Circuit jurist taking a step into the spotlight on his path toward replacing retired Justice Anthony Kennedy on the U.S. Supreme Court.
The Sault Ste. Marie Tribe of Chippewa Indians has hit the federal government with a lawsuit saying the U.S. Department of the Interior shouldn’t have refused to take various pieces of Michigan land into trust for the tribe.
The D.C. Circuit on Thursday refused to pause work on the $3.5 billion Mountain Valley gas pipeline while tribal officials and environmentalists fight the Federal Energy Regulatory Commission's decision approving the project.
A federal judge in Montana has temporarily blocked the first grizzly bear trophy hunts around Yellowstone National Park in more than 40 years just two days before they were set to begin, setting up a showdown over whether government wildlife regulators were wrong to remove the animal's endangered species protections.
In a case carrying major implications for gambling in the state, a Florida appeals court on Thursday affirmed a lower court’s decision that so-called pre-reveal gaming machines are illegal slot machines under state law.
The Federal Court of Appeal in Canada on Thursday struck down the approval of the CA$7.4 billion ($5.7 billion) Trans Mountain pipeline expansion project, saying the Canadian government didn’t properly consult with indigenous people or sufficiently consider its impact on tanker traffic.
The Sixth Circuit revived a lawsuit on Thursday that accused Blue Cross Blue Shield of Michigan of overcharging a Native American tribe’s employees for health care by failing to take advantage of federal regulations that allow tribes to pay reduced rates for hospital services.
A First Circuit panel on Thursday backed a lower court's decision to toss a lawsuit from the Narragansett Indian tribe against the federal government and the state of Rhode Island that sought to halt construction on a Providence, Rhode Island, bridge project.
The Confederated Tribes of Grand Ronde's leadership seeks a buyer for a 31-acre site that was home to Oregon’s Multnomah Greyhound Park racetrack near Portland, saying the tribe will put it on the market for $17.9 million after walking away from plans to develop the site as a casino or entertainment facility.
A South Dakota federal judge has declined a bid from federal officials to toss claims in an Oglala Sioux Tribe member’s suit over the impoundment of his cattle, but told the man to amend his complaint.
The state of Alaska has thrown its support behind the U.S. Department of the Interior in a suit from environmental groups challenging the agency’s approval of a deal that would allow for the construction of a road in a national wildlife refuge, saying Wednesday the groups cannot oppose a road that might not be built.
The White House received strong support from industry groups in a recent comment period on its initiative to make it easier for transportation and other projects to comply with National Environmental Policy Act standards, but green groups made clear they'll oppose any moves that prioritize expediency over thorough review and enforcement.
The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.
Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.
Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.
Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.
The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.
In the wake of U.S. v. Jim in the Eleventh Circuit and South Dakota v. Wayfair in the U.S. Supreme Court, Native American tribes should takes steps to protect their rights under the general welfare exclusion and assert their sovereignty to impose new sales taxes, says Rob Roy Smith of Kilpatrick Townsend & Stockton LLP.
In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.
As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.
With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.