Native American

April 16, 2024
Tribal Groups Want Full 9th Circ. To Rehear Oak Flat Appeal

An Apache nonprofit is asking the Ninth Circuit's entire 29-judge panel to review its lawsuit that seeks to block a copper mining company from destroying a sacred Indigenous religious site, arguing that an en banc hearing is warranted given the appellate court's latest split decision on the land transfer.
April 16, 2024
Wis. Bank Must Face Bias Claims In Tribal Peyote Case

A Wisconsin federal judge ruled Tuesday that a local bank cannot avoid discrimination claims in a suit that accuses it of denying service to Indigenous company Medicine Fireplace, whose members use the psychoactive peyote plant in their religious ceremonies.
April 16, 2024
Broadband Subsidy Backers Seek To Force House Vote

Nearly 300 groups urged Congress to extend the Affordable Connectivity Program, but as a bill to do so picked up support from more than half of U.S. House lawmakers, a vote on replenishing the fund remains up in the air.
April 16, 2024
Tribes, Lawmakers Call On Biden To Protect Historic Sites

A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.
April 15, 2024
Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.
April 15, 2024
Biden Approves Disaster Declarations For States, Tribe

The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.
April 15, 2024
9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid

The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.
April 15, 2024
High Court Won't Hear California Tribal Casino Dispute

The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
April 12, 2024
DEA Unlawfully Pushing Psychedelics Ban, Researcher Says

A psychedelic research company has asked a Washington federal judge to block the Drug Enforcement Administration from proceeding with its plan to ban two psychedelic substances, saying the agency's process for bringing the matter before an administrative judge has been unlawful.
April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates

The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
April 12, 2024
5th Circ. Won't Block Park Plan Over Religious Concerns

The Fifth Circuit has upheld a lower court's decision ordering the city of San Antonio to allow Native American church members access to a park under renovation for religious ceremonies but declined to enjoin the city's planned tree removal and bird deterrence program.
April 12, 2024
Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit

Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.
April 12, 2024
Florida Loses Bid To Retain Control Of CWA Permit Program

A D.C. federal judge on Friday rejected Florida's bid to retain some control over a Clean Water Act permitting program that he recently found was improperly handed off to the state by the U.S. Environmental Protection Agency.
April 11, 2024
ND Tribe Banishes SD Gov. After Racially Charged Remarks

A North Dakota tribe has joined two South Dakota Lakota nations in voting to banish South Dakota Gov. Kristi Noem from their reservation lands after accusing her of making racially charged public comments about drug cartels allegedly operating on reservations in the state and about Native American parents.
April 11, 2024
FDA Commissioner Says Congress Must Act On Hemp, CBD

The commissioner of the U.S. Food and Drug Administration said Thursday that the agency did not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate the substance.
April 11, 2024
Interior Dept. Finalizes Rule To Strengthen Endangered Species Act

The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.
April 11, 2024
DOI Lowers Fees For Solar, Wind Projects On Public Lands

The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.
April 11, 2024
Alaska Native Village Defends Donlin Gold Mine Approvals

Alaska's Native Village of Crooked Creek threw its support behind the federal government in litigation brought by half a dozen tribes challenging its approvals for a massive open-pit gold mine along the Kuskokwim River in southwest Alaska, saying the project will bring meaningful improvements to Crooked Creek.
April 11, 2024
Judge Won't Rethink Ax Of Tribes 'Cultural Resource' Claims

A Washington federal judge has refused to rethink his dismissal of the Confederated Tribes of the Colville Reservation's claims for "tribal service losses" stemming from a smelter's Columbia River pollution, saying the tribes did not meet the standard required for reconsideration.
April 11, 2024
US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed.
April 10, 2024
Tribes Sue Social Platforms Over Native Youth Suicides

Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.
April 10, 2024
Lawmakers Ask GAO To Review Native Remains Act

Two Democratic members of the U.S. House have urged the Government Accountability Office to conduct a thorough review of how the federal Native American Graves Protection and Repatriation Act is implemented, saying tribes have complained of deficiencies in the return of their ancestral remains and cultural objects.
April 10, 2024
Wash. Tribe Says $1M Fine Not Enough To Settle CWA Claims

A Washington tribe is opposing a proposed consent decree that would settle Clean Water Act claims against a hydroelectric dam operator, arguing that a $1 million penalty is vastly too low for violations of the law when the damage continues.
April 10, 2024
FCC Urged To Wait For BEAD Fund Awards Before 5G Auction

Small, independent cable providers want the Federal Communications Commission to hold off on a rural 5G development auction until the U.S. Department of Commerce completes its massive award of high-speed internet build-out funds.
April 09, 2024
Navajo, Mine Operator Look To Settle Last Waste Spill Claims

A New Mexico federal judge has stayed litigation in the Navajo Nation's remaining claims against a Gold King Mine operator stemming from a hazardous waste spill that spurred nearly a decade of litigation after the parties said they reached a settlement in principle.

Expert Analysis

How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
How Purdue High Court Case Will Shape Ch. 11 Mass Injury

The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
Opinion

Legal Profession Gender Parity Requires Equal Parental Leave

To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
What Lawyers Must Know About Calif. State Bar's AI Guidance

Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
Industry Must Elevate Native American Women Attys' Stories

The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
Understanding Discovery Obligations In Era Of Generative AI

Excerpt from Practical Guidance

Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
Preparing Law Students For A New, AI-Assisted Legal World

As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.