Native American

  • September 01, 2026

    Tribe Says Alaska Logging Plan Threatens Subsistence Hunts

    A U.S. government-authorized project that proposes to log thousands of acres of old-growth Alaskan forest would violate several conservation laws and interfere with Native American subsistence hunting, according to a tribal suit lodged in federal court.

  • September 01, 2026

    High Court Case Looms Over State Climate Superfund Fights

    A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

  • September 01, 2026

    HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

    The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

  • August 31, 2026

    NY's Landmark Climate Change Superfund Law Blocked

    A New York federal judge Monday held that New York's Climate Change Superfund Act is preempted by federal law and cannot be enforced, saying the Clean Air Act does not authorize the Empire State to roll out its own emissions compensation scheme.

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    NFL Legend Emmitt Smith, Partners Sued Over Solar Venture

    A Native American economic development entity Monday sued former NFL star running back Emmitt Smith and several business partners in the Delaware Chancery Court, accusing them of diverting a $2.5 million loan meant for a Texas solar project and leaving the joint venture unable to repay the money.

  • August 31, 2026

    'Reality Check' Needed For E-Rate, Says Ex-FCC Commish

    A former member of the Federal Communications Commission pushed Monday for a complete review of the E-Rate program for school and library telecom discounts, asking if instead of helping students learn, it's "doing harm."

  • August 31, 2026

    Oregon Says Lifeline Integrity 'Robust' As FCC Probe Ensues

    Oregon told the Federal Communications Commission that its Lifeline phone subsidy program has shown low error rates as the FCC probes state programs that have opted out of a federal system to verify enrollees.

  • August 31, 2026

    NY, Okla. Tribes Decry Trump Renaming Lake Ontario

    Tribal nation leaders have called for President Donald Trump to rescind his executive order to rename Lake Ontario, saying he can't assert ownership over Indigenous culture or "erase it through irresponsible political action."

  • August 31, 2026

    Feds Say New USPS Mail-In Ballot Rule Isn't A 'Takeover'

    A new U.S. Postal Service rule compelling states to submit voters' names to the federal government and redesign envelopes in order to have mail-in ballots delivered in November imposes "modest" requirements and is not a "federal takeover of elections," the Trump administration told a Massachusetts federal judge in a weekend filing.

  • August 31, 2026

    Smoke Shop Owners Say NY Tribe Can't Seek $662K In Fees

    A pair of cannabis shop owners are urging a New York federal court to reject a bid by the Cayuga Nation for more than $662,000 in attorney fees following a net-zero verdict in its racketeering case, saying the nation was not a prevailing party and thus isn't entitled to fees.

  • August 28, 2026

    Industries, States Take Soot Rule Fight To Supreme Court

    A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

  • August 28, 2026

    Walmart Pays $50M To End DOJ's Suit Over Opioid Crisis

    Walmart has agreed to pay $50 million to settle the U.S. Department of Justice's nearly 6-year-old lawsuit in Delaware federal court alleging the big-box retailer helped spur the nationwide opioid crisis by unlawfully dispensing controlled drugs from its pharmacies, the department announced Friday.

  • August 28, 2026

    ConocoPhillips Can't Dodge Climate Torts, Wash. Tribes Say

    Two Native American tribes urged a Washington state judge Friday to preserve their climate change tort claims against ConocoPhillips, contending there's a "clear connection" between the oil company's Washington ties, its alleged actions downplaying the dangers of burning fossil fuels and the tribes' purported injuries.

  • August 28, 2026

    Calif. Challenges Trump Admin's Offshore Wind Lease Buyout

    California Attorney General Rob Bonta filed a federal lawsuit on Friday against the Trump administration and Golden State Wind LLC, claiming the government unlawfully used a $120 million buyout of the company's offshore wind energy lease to end the renewable energy project and facilitate fossil fuel development.

  • August 28, 2026

    9th Circ. Rules Against Kalshi In Sports Wager Circuit Split

    The Ninth Circuit on Friday backed a Nevada federal court decision that cleared the way for the state's gambling regulators to pursue Kalshi's sports offerings, creating a circuit split in the sprawling litigation over prediction market regulation.

  • August 28, 2026

    Feds Gain Ground In Energy Permit Turf War With States

    A federal judge's endorsement earlier this month of the Trump administration's restart of a pipeline over California's objections will likely embolden the federal government to override state opposition to energy project development, but the ruling won't be the last word on the legality of such moves.

  • August 28, 2026

    Ariz. Tribe Seeks To Pause Border Wall Work During Appeal

    The Tohono O'odham Nation is asking a district court to pause an order that denied its bid to block construction of a border wall near its Arizona reservation while it appeals the ruling to the D.C. Circuit, saying the federal government "plainly feels emboldened" by the decision.

  • August 28, 2026

    NJ Law Requires Data Centers To Report Utility Usage

    New Jersey Gov. Mikie Sherrill signed a bill into law on Aug. 27 that requires data centers in the state to provide the New Jersey Board of Public Utilities with semiannual water and energy usage reports.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    Ex-Tribal Telecom CEO Gets 2 Years For Embezzlement

    A former telecommunications company executive who stole more than $500,000 from an Indian tribal organization to fuel what her attorneys described as "gambling and substance abuse" has been sentenced to two years in federal prison, after asking a federal judge for a sentence of time served.

  • August 27, 2026

    Albertsons Loses Bid For Midtrial Win In Wash. Opioid Case

    Albertsons can't escape the state of Washington's lawsuit accusing the pharmacy chain and its Safeway subsidiary of contributing to the state's opioid crisis, a state judge ruled Thursday in denying the company's bid to dismiss the case midtrial.

  • August 27, 2026

    SD Judge Takes On Voter ID Rule Affecting Tribes

    A South Dakota federal judge expedited briefing for a preliminary injunction bid in a League of Women Voters lawsuit against the state ahead of absentee voting that starts Sept. 18, ruling the league can hasten its challenge of a new documentary proof of citizenship requirement.

  • August 27, 2026

    Enviro Groups Seek More Time To Fight Roadless Rule Repeal

    Environmental groups have asked the U.S. Forest Service to extend a public comment period for its proposal to scrap a 25-year-old "Roadless Rule" that bars logging and road construction on tens of millions of acres of national forest around the country.

  • August 27, 2026

    Food Processor Says Tribe's Request Would Hinder Its Ops

    A Michigan produce processor fired back at a tribe's request that it stop releasing water into local wetlands, telling a federal judge Wednesday that even though it may have dumped untreated wastewater in the past, it's no longer in violation and that any restrictions would hurt its business.

Expert Analysis

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

  • Bet On Prediction Market Regulation To Accelerate

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    Watershed developments concerning prediction markets — such as the first insider trading charges, major speeches from U.S. Commodity Futures Trading Commission leadership, and the introduction of rulemaking and legislation — dominated the first quarter of 2026, a trend that will likely continue throughout the rest of the year, say attorneys at K&L Gates.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Tribal Gaming Law Is Paramount In Prediction Market Cases

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    Whatever the outcome of the preemption question in prediction market litigation involving states and the federal government, the Indian Gaming Regulatory Act deals very specifically with gaming on Indian lands and almost certainly trumps the general federal laws at issue, says Kevin Washburn at the University of California, Berkeley.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • GHG Endangerment Finding Repeal Brings New Legal Risks

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    The U.S. Environmental Protection Agency's 2009 determination that greenhouse gases endanger public health and welfare anchored a matrix of regulation across multiple sectors — and the recent repeal of that finding has fundamentally destabilized the legal landscape governing industrial emissions, corporate liability and climate-related risk management, says Tanya Nesbitt at Thompson Hine.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

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