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Native American
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March 05, 2024
Court Has No Cause To Deny Casino Land Request, Tribe Says
A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.
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March 05, 2024
Utah Sues Feds To Reopen 195 Road Miles In San Rafael Desert
Utah is suing the U.S. government in a bid to toss a Bureau of Land Management decision to close 195 miles of roads in a San Rafael Desert area known as the Red Rock Wilderness, arguing that the closures don't align with an earlier BLM plan.
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March 05, 2024
Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal
The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.
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March 05, 2024
Senate Dem Sees Votes For Broadband Discount Funding
A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.
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March 05, 2024
Dam Removal Delay Would Harm Fish, Wash. Tribe Says
The Puyallup Tribe of Indians is urging a Washington federal judge to reject a hydroelectric company's bid to pause an order directing it to remove part of a temporary rock dam on the Puyallup River, saying any delay would harm protected salmon only to spare the company from its own self-inflicted problems.
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March 05, 2024
8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge
The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.
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March 05, 2024
FERC LNG Approvals Flout Court's Orders, DC Circ. Told
Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.
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March 05, 2024
Feds Say Neb. Tribe's Suit Over Debt Collections Is Untimely
The U.S. government is asking a Nebraska federal judge to dismiss a time-barred Santee Sioux Nation suit claiming the government has repeatedly tried to collect on an already paid debt related to the depreciation costs of a health and wellness center built 15 years ago.
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March 04, 2024
School District Fights NY's Bid To Ax Native Mascot Ban Suit
A suburban Long Island school district challenging the New York State Board of Regents' ban on using Indigenous names, mascots and logos is pushing back against an anticipated bid to dismiss the suit.
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March 04, 2024
What To Know About 9th Circ. Ruling On Tribe's Sacred Site
A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.
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March 04, 2024
Feds' Lack Of Payments Hampers Services, Tribal Groups Say
The National Congress of American Indians and tribes are urging the U.S. Supreme Court to uphold lower court rulings ordering the federal government to reimburse the San Carlos Apache and Northern Arapaho tribes for millions of dollars in administrative costs related to their delivery of health programs.
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March 01, 2024
SD Indian Child Advisory Council Bill Awaits Gov.'s Signature
A South Dakota bill to form an advisory council to confer on the welfare of Native American children in foster care has passed in the state's Legislature and been delivered to Gov. Kristi Noem for her signature, but a key lawmaker doubts that the governor will sign it.
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March 01, 2024
Wash. Tribe Asks Judge To Revisit 'Cultural Resources' Ruling
A tribe is urging a Washington federal judge to reconsider a ruling that it can't pursue millions of dollars of "tribal service loss" claims stemming from Upper Columbia River pollution, saying its claims were misconstrued as "cultural resource damages" that can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.
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March 01, 2024
9th Circ. Won't Stay Oregon Kids' Climate Case, For Now
The Ninth Circuit has shot down the U.S. Department of Justice's attempt to pause an Oregon federal judge's decision to allow a lawsuit brought by youths alleging the government's energy policies imperil their future by exacerbating climate change.
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March 01, 2024
Ky. Sees $74M Boost For Abandoned Mine Cleanup Work
The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.
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February 29, 2024
9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court
A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.
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February 29, 2024
Fed. Circ. Won't Revive Flood Suit Over Cherokee Casino
A Federal Circuit Court of Appeals panel on Thursday denied an Oklahoma landowner's bid to overturn a lower court's ruling that the federal government isn't liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino, saying that the claim requires proof that the matter is a "direct, natural or probable result" of its actions.
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February 29, 2024
Newsom, Tribe Must Negotiate Gambling Pact Under IGRA
A federal district court judge ruled in favor of a California tribe in its challenge to Gov. Gavin Newsom for failing to negotiate its gambling compact in good faith, saying a Ninth Circuit determination that off-list topics cannot be included in tribal agreements heavily swayed the decision.
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February 29, 2024
Wis. Tribe, Homeowners Hit Cranberry Farms With CWA Suit
A homeowner association and the Lac Courte Oreilles Band of the Lake Superior Chippewa claim two cranberry farms are unlawfully discharging excess phosphorus into a northwest Wisconsin lake and contributing to pollution harming its popular sport fishery and other natural resources.
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February 28, 2024
Sioux Phone Authority Keeps Calling For FCC Telecom Status
The Cheyenne River Sioux Tribe Telephone Authority has once again asked the Federal Communications Commission to recognize it as an "eligible telecommunications carrier," saying several tribal groups, as well as the South Dakota Public Utilities Commission, support its bid for agency recognition.
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February 28, 2024
Judge Asks When Feds Will Consider Climate In Oil Leases
A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.
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February 28, 2024
Seminole Sports Gaming Compact Worth $4.4B, Report Says
An economic research agency in Florida estimated in a recent report that a gaming compact between the state and the Seminole Tribe of Florida that is currently pending certiorari review by the U.S. Supreme Court will garner $4.4 billion in new revenues for the state over the next six years.
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February 28, 2024
Energy Dept. To Give Tribes $25M For Clean Energy Tech
The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.
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February 28, 2024
Court Will Hear Arguments In Camp Operator's Bond Dispute
A Montana federal judge will hear arguments next month to determine whether a campground operator can pay a bond in cash as opposed to a third-party surety that will allow it to stay the case over a lease dispute with the Blackfeet Nation pending an appeal to the Ninth Circuit.
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February 28, 2024
Wash. Man Accused Of Killing, Selling Eagles To Plead Guilty
One of two men accused of conspiring to kill federally protected bald eagles and golden eagles on tribal lands in northwest Montana to sell on the black market has entered a plea agreement, court records show.
Expert Analysis
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Futility Exception To Remanding Rule Could Be On Last Legs
A recent Fifth Circuit decision squarely confronting the futility exception to remanding cases with insufficient subject matter jurisdiction leaves the Ninth Circuit alone on one side of a circuit split, portending a tenuous future for the exception, say Brett Venn and Davis Williams at Jones Walker.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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What New EPA Enforcement Initiatives Mean For Industry
With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.
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Bat's Newly Endangered Status Likely To Slow Development
A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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New 'Waters' Rule May Speed Projects, Spawn More Litigation
The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.