Native American

May 15, 2025
Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights

An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.
May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring

A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case

A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
May 15, 2025
9th Circ. Questions University's Limits On Professor's Speech

Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.
May 15, 2025
Senate Confirms Trump's Pick For EPA General Counsel

The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.
May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices

The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
May 14, 2025
HUD Allocates $1.1B For Tribal Affordable Housing Initiatives

The U.S. Department of Housing and Urban Development will allocate more than $1.1 billion in Indian Housing Block Grant funding to support affordable housing efforts in Native American tribal communities, HUD announced Tuesday.
May 14, 2025
USDA Says Native Villages Aren't Tribal Land In $70M Dispute

The U.S. Department of Agriculture is standing by its assertion that two Native Alaskan villages are not tribal lands in the same way as reservations in its bid to convince a court to side with it in a fight over $70 million in broadband funds the agency is accused of wrongly giving away.
May 14, 2025
Gaming Co. Asks High Court To Undo Wash. Compacts' Order

A casino owner and operator is asking the U.S. Supreme Court to undo a Ninth Circuit ruling that dismissed its challenge to Washington state tribal gaming compacts, arguing the case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.
May 14, 2025
Interior Policy Aims To Shorten Oil And Gas Leasing Reviews

The U.S. Department of the Interior has unveiled a new policy that attempts to speed up oil and gas leasing on public lands by cutting the amount of time spent reviewing the suitability of potential leasing areas.
May 14, 2025
8th Circ. Dismisses North Dakota Native Voting Rights Dispute

An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.
May 14, 2025
Wisconsin Lake Homeowners Amend Tribal Tax Burden Suit

Four lake homeowners and an association have amended a suit against local governments in the Menominee reservation in northern Wisconsin, claiming the tribe has sought to grow the amount of tax-exempt land while leaving owners of taxable homes to pay more than their fair share.
May 14, 2025
EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs

The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.
May 14, 2025
States Ask Court To End Trump's Wind Project Freeze

A coalition of states on Wednesday asked a Massachusetts federal judge for a preliminary injunction ordering the Trump administration to end its freeze on wind energy project permitting, saying the policy could erase nearly $100 billion in investments and cost 40,000 jobs if left in place throughout the president's term.
May 13, 2025
Feds Challenge Montana Tribes' Full Police Funding Demand

The U.S. Department of the Interior is asking a federal court to deny two Montana tribes a summary judgment win in their challenge over inadequate police funding, arguing the agency has gone above and beyond what the Indian Self-Determination and Education Assistance Act requires for money allocations.
May 13, 2025
Gov't To Restore Climate Webpages After Lawsuit Pressure

The U.S. Department of Agriculture is reversing course and has committed to restore climate change-focused webpages that were taken offline following the January presidential inauguration, according to a court filing in a lawsuit from environmental groups challenging the removals.
May 13, 2025
WNBA's Connecticut Sun Put Up For Sale By Mohegan Tribe

The WNBA's Connecticut Sun, owned by a subsidiary of the Mohegan Tribe of southern Connecticut, are exploring a sale, Law360 has confirmed.
May 13, 2025
Lawsuit Challenging Trump Energy Order May Be Premature

States may have good reasons to fight President Donald Trump's declaration of a national energy emergency, but courts may be unwilling to evaluate the strength of a new suit from 15 states in the absence of expedited energy project approvals.
May 13, 2025
Senator Asks Interior For More SD Tribal Police Funding

Sen. Mike Rounds of South Dakota has asked U.S. Department of the Interior Secretary Doug Burgum for more funding to support hiring efforts by tribal police in the state, requesting in a letter that he consider establishing a permanent tribal law enforcement training center on the Great Plains.
May 13, 2025
SD Tribe's $1M School Debt Challenge Dismissed

A federal court judge dismissed a South Dakota tribe's challenge alleging the Interior Department overcollected on a $1 million school debt obligation, finding Tuesday that while the tribe's argument is creative, there is no support for it in statute or case law.
May 13, 2025
The Man Who Ended Affirmative Action Is Just Getting Started

Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.
May 13, 2025
States Grapple With Feds Revoking Digital Equity Grants

States that received grant money under the $2.75 billion Digital Equity Act are scrambling to figure out their next steps after the Trump administration called the program "unconstitutional" and cut off their funding in recent days.
May 13, 2025
Climate NGOs Attack EPA Appeal In Funding Clawback Fight

Climate investment groups asked the D.C. Circuit to affirm a district court ruling blocking the U.S. Environmental Protection Agency from clawing back billions of dollars disbursed to them under the Inflation Reduction Act, characterizing its actions as "textbook arbitrariness."
May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input

The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
May 12, 2025
Feds Say Tribal Tariff Dispute Must Stay In US Trade Court

The U.S. Department of Homeland Security is fighting Montana tribal members' attempt to stop the transfer of their lawsuit challenging President Donald Trump's Canada tariff orders from federal court to the U.S. Court of International Trade, saying the CIT has exclusive jurisdiction over the case.

Expert Analysis

Series

Gardening Makes Me A Better Lawyer

Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
Litigation Inspiration: Reframing Document Review

For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
Series

Flying Makes Me A Better Lawyer

Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
Series

Circus Arts Make Me A Better Lawyer

Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
3 Ways To Train Junior Lawyers In 30 Minutes Or Less

Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
The Bar Needs More Clarity On The Discovery Objection Rule

Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
Series

Being A Navy Reservist Makes Me A Better Lawyer

Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
So You Want To Move Your Law Practice To Canada, Eh?

Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
Promoting Diversity In The Selection Of ADR Neutrals

Excerpt from Practical Guidance

Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
Series

Playing Ultimate Makes Us Better Lawyers

In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
E-Discovery Quarterly: Recent Rulings On Metadata

Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
Striking A Balance Between AI Use And Attorney Well-Being

As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
Empathy In Mediation Offers A Soft Landing For Disputes

Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
Series

Being An Artist Makes Me A Better Lawyer

My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
How Judiciary Can Minimize AI Risks In Secondary Sources

Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.