Native American

  • October 03, 2025

    FERC Finding Friendlier Courts In Gas Project Approval Fights

    The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 02, 2025

    Feds Say Tribes In Ore. Casino Dispute Misconstrued Ruling

    The U.S. Department of the Interior has asked a D.C. federal judge to approve its motion for summary judgment and to oppose three tribes' bid for a win in a suit over the agency's decision to take land into trust for another tribe's casino project.

  • October 02, 2025

    FERC Issues Trump-Ordered Rule To Phase Out 53 Regs

    The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.

  • October 02, 2025

    Mass. Court Denies States' Bid To Block ACA Subsidy Cuts

    A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.

  • October 02, 2025

    Energy Dept. Cancels $7.5B In Blue State Project Awards

    The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.

  • October 02, 2025

    Ch. 11 Trustee Appointed In Eventide Bankruptcy

    A Texas bankruptcy judge has appointed a Chapter 11 trustee in the bankruptcy of Eventide Credit Acquisitions following a request from the official committee of unsecured creditors.

  • October 02, 2025

    Feds, Mont. Tribe Dispute $325K Law Enforcement Contract

    The Interior Department and the Northern Cheyenne Tribe are both asking for summary judgment wins in a dispute over law enforcement funding after the tribe accused the U.S. government of failing to provide it with adequate services to maintain programs on its 440,000-acre Montana reservation.

  • October 01, 2025

    Conn. Servers Defend Asking Judge To DQ From Wage Case

    A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.

  • October 01, 2025

    US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal

    The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.

  • October 01, 2025

    Gambling Machine Patent Owner Can't Get New Trial

    The owner of a gambling machine patent that a jury ruled was not infringed has lost its bid for a new trial, after a Nevada federal judge rejected the argument that the accused infringer made a "highly prejudicial and inflammatory" damages request on its unsuccessful defamation counterclaim.

  • October 01, 2025

    10th Circ. Says Sex Abuse Case Was Brought In Time

    The Tenth Circuit has ruled that because of ambiguity in federal sex abuse statutes, federal courts are required to look to case-specific facts to determine whether a statute of limitations applies in cases of abuse where the victim is under 18 years old.

  • October 01, 2025

    White House Issues New NEPA Guidance To Federal Agencies

    The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.

  • October 01, 2025

    Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court

    A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.

  • September 30, 2025

    Wash. Lake Cleanup Agencies Sued Over Enviro Review

    A man whose house overlooks Capitol Lake in Olympia, Washington, is suing a slew of federal and state government agencies over an estuary restoration project near his residence, alleging they have committed millions of dollars in funds without performing an environmental review.

  • September 30, 2025

    Senate Bills Look To Return 2,000 Acres To California Tribes

    A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties. 

  • September 30, 2025

    DC Circ. Backs FERC Approval Of Tenn. Pipeline

    The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.

  • September 30, 2025

    Wis. Legislators Trying Again To Legalize Medical Cannabis

    Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.

  • September 30, 2025

    Michigan Judge Rules Tribe's ERISA Claims Filed Too Late

    A Michigan federal judge on Monday said a Native American tribe waited too long to bring claims alleging Blue Cross Blue Shield of Michigan didn't seek lower rates for plan members, finding the tribe knew the insurer could not have negotiated lower rates when it entered into an administrative service contract.

  • September 30, 2025

    Judge Recommends Tribal Win, Talks In NY Thruway Row

    A U.S. magistrate judge is recommending a summary judgment win and negotiations for the Seneca Nation and New York officials in an ongoing dispute over a portion of a thruway that runs through the tribe's reservation, saying the state obtained a 1954 easement for the superhighway in violation of federal law.

  • September 29, 2025

    Supreme Court Considers 7 Patent Petitions

    The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.

  • September 29, 2025

    Tribe Drops Price-Fixing Suit Against Drugmakers, PBMs

    The Miccosukee Tribe in Florida has dropped its lawsuit alleging drugmakers and pharmacy benefit managers Eli Lilly, Express Scripts, CVS Health and other companies illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a notice of voluntary dismissal.

  • September 29, 2025

    Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.

    A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.

  • September 29, 2025

    Newsom Signs Bills Boosting Tribal Regalia, Land Use, Grants

    California Gov. Gavin Newsom has signed into law three bills that will strengthen Indigenous students' rights to wear regalia, require tribal consultation over land and reburial rights, and streamline gaming tribes' ability to provide grants to other tribes with limited resources.

  • September 29, 2025

    Tribal Members Push For Say In Supreme Court Tariff Review

    Members of the Blackfeet Nation tribe told the U.S. Supreme Court Monday their inclusion in the justices' review of suits challenging the legality of President Donald Trump's emergency tariffs is crucial to protect Native American rights under federal law.

Expert Analysis

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • High Court Birthright Case Could Reshape Judicial Power

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    Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.

  • Justices Hand Agencies Broad Discretion In NEPA Review

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    By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

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    The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

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