Native American

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 11, 2024

    Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses

    A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.

  • January 11, 2024

    FCC Told Remote Tribal Areas Are 'Special Case' For Funds

    Auctioning off 5G funds meant to bring connectivity to remote tribal areas is a bad idea, according to a mobile provider that says the Federal Communications Commission should treat these regions as a "special case" and dole the funds out differently from those meant for other rural areas.

  • January 11, 2024

    Ruling Would Destroy DOI's Land Trust Limits, Casinos Say

    Three Detroit casino operators are urging the D.C. Circuit to uphold a lower court's ruling that blocked the Sault Ste. Marie Tribe of Chippewa Indians from acquiring land for two casino developments, saying the tribe is attempting to erase the limits on the federal government taking land into trust for Native American tribes.

  • January 11, 2024

    Feds Seek More Time To Fix Mont. Coal Mine Analysis

    The U.S. government is asking a Montana federal judge for more than a year of extra time to correct a faulty environmental analysis for a coal strip mine expansion near the city of Colstrip, cautioning that conservation groups plan to oppose its request.

  • January 11, 2024

    Mont. Tribal Co. Exits Suit Claiming Law Firm Incited Violence

    A Montana federal court has dismissed an Indigenous-owned company from litigation in which it accused Greenberg Traurig LLP and its longtime counsel Jennifer Weddle of devising a financial scheme that led to violence over a decision to remove its board of directors.

  • January 10, 2024

    10th Circ. Urged To Keep National Monuments Designation

    Native American tribes and environmental organizations have urged the Tenth Circuit to uphold a lower court decision dismissing Utah and other groups' challenge to President Joe Biden's redesignation of large swaths of the state as part of the Bears Ears and Grand Staircase-Escalante national monuments.

  • January 10, 2024

    Oil Terminal Permit Needs Harder Look, Groups Tell 5th Circ.

    Several groups are asking the Fifth Circuit to overturn a Texas federal judge's ruling affirming a dredging permit the U.S. Army Corps of Engineers issued for the expansion of a major oil export terminal near Corpus Christi, arguing the agency clearly failed to take the required "hard look" at the impacts.

  • January 10, 2024

    Native Owners Again Seek To Intervene In ND Pipeline Row

    A group of North Dakota tribal landowners with property alongside a gas and oil pipeline are asking a federal district court to allow them to intervene in litigation over right of way trespassing claims through the Fort Berthold Indian Reservation, saying the federal government is only trying to protect its own interests in forthcoming breach of trust claims against it.

  • January 10, 2024

    EPA's Water Leader To Step Down After Busy Tenure

    The head of the U.S. Environmental Protection Agency's water office on Wednesday said she'll be stepping down at the end of February, after three years leading the office through a multibillion-dollar infusion and several high profile rulemaking efforts.

  • January 10, 2024

    Montana Camp Must Pay $1M Bond To Stay Tribal Lease Order

    A Montana campground operator must post a $1 million surety bond to allow a stay to remain in place while it appeals a ruling to the Ninth Circuit in favor of the Blackfeet Nation in an ongoing land lease dispute, a federal district court judge said, determining that the company presented a "substantial case for relief on the merits."

  • January 09, 2024

    Ohio High Court Urged To Toss $650M Opioid Verdict

    Walmart, CVS and Walgreens — backed by business groups — have urged the Ohio Supreme Court to toss a $650 million jury verdict awarded to two counties in opioid litigation, saying that state product liability law bars the counties' public nuisance claims.

  • January 09, 2024

    BIA Sued In Brothers' Quest For Alaska Ancestral Records

    Two elderly brothers have accused the Bureau of Indian Affairs of violating federal open records law by failing to turn over ancestral information that could prove their link to an Alaska Native village, according to a complaint filed in Washington federal court.

  • January 09, 2024

    Army Corps Seeks To End Suit Over Gold Mine Permit

    The Army Corps of Engineers is asking a Louisiana federal judge to throw out a Nevada company's lawsuit claiming it has taken too long to process a gold mining permit application or else transfer the matter to the District of Alaska.

  • January 09, 2024

    Feds Allege CWA Violations At Navajo Water Treatment Plants

    The United States has sued the Navajo Tribal Utility Authority on behalf of the U.S. Environmental Protection Agency, saying it is not compliant with the Clean Water Act and has failed to take necessary steps to stop wastewater pollution.

  • January 08, 2024

    ND Must Adopt Tribes' Redistricting Plan, Judge Says

    The North Dakota Legislative Assembly must adopt two tribes' plan to correct Voting Rights Act violations, a federal district judge ruled on Monday, while denying state lawmakers' time extension request to implement a remedial redistricting map past the court-ordered Dec. 22 deadline.

  • January 08, 2024

    Tribes Withdraw Appeal Seeking To Halt Nev. Lithium Mine

    Three Native American tribes have dropped their Ninth Circuit fight to revive a lawsuit seeking to block an open-pit lithium mine in northern Nevada, but tensions remain high as project opponents have clashed at the site and in state court.

  • January 08, 2024

    Jury 'Confused' In Shampoo Contract Case, Conn. Judge Told

    A shampoo fragrances supplier urged a Connecticut state judge to overturn a trial verdict in favor of a botanical scent producer in a contract dispute, arguing Monday that the jury's likely bafflement over the agreement's terms should invalidate its finding.

  • January 08, 2024

    Tulsa Has Interest In Prosecuting Native Crimes, Officials Say

    The city of Tulsa has a strong interest in enforcing criminal law within its boundaries, its officials said, arguing that concurrent jurisdiction with the Muscogee (Creek) Nation over Native Americans who commit crimes within its boundaries is "paramount" to the Oklahoma tribe's safety.

  • January 08, 2024

    Justices Snub Alaska's Effort To Revive Pebble Mine Project

    The U.S. Supreme Court on Monday declined to take up Alaska's challenge to the Environmental Protection Agency's action blocking the construction of a mine in a wilderness area that's home to important fisheries.

  • January 08, 2024

    High Court Won't Revive Deadly Native Road Washout Suit

    The U.S. Supreme Court on Monday declined to revive a wrongful death and injury lawsuit stemming from a washed-out road on the Standing Rock Sioux Tribe's reservation, affirming an Eighth Circuit decision that dismissed the case against the Bureau of Indian Affairs for lack of jurisdiction based on a federal tort liability.

  • January 08, 2024

    Justices Nix Irrigation District's Water Rights Remand Request

    The U.S. Supreme Court on Monday ruled that an Oregon irrigation district must pursue its claims against the U.S. Bureau of Reclamation over how water is managed for endangered species and Native American tribes in federal court, not state court as the district wanted.

  • January 05, 2024

    Court Should OK Tribes' Indian Country Status, Okla. AG Says

    Oklahoma Attorney General Gentner Drummond and Ottawa County District Attorney Douglas Pewitt say they don't oppose a federal court declaration that says lands contained within the historic boundaries of four tribes' reservations maintain their status as Indian Country, arguing that precedent allows such a determination.

  • January 05, 2024

    Minn. County Accuses Feds Of Illegally Taking Land For Tribe

    A Minnesota county has sued the U.S. government in federal court, claiming the Interior Board of Indian Appeals wrongly allowed it to accept about 3,238 acres of land into trust for the Mille Lacs Band of Ojibwe Indians and has threatened the county's tax revenue.

  • January 05, 2024

    Tribal Healthcare Dispute Could Upend Law, Justices Told

    Any requirement for Indian Health Services to pay contract support costs for activities funded by a tribe's third-party income would upend the Indian Self-Determination and Education Assistance Act, the federal government told the U.S. Supreme Court, saying two appellate courts erred when interpreting the law to determine that those additional healthcare expenses must be reimbursed.

Expert Analysis

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Series

    My Favorite Law Prof: How I Learned That Culture Shapes Law

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    U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

  • 9 Legal Ethics Considerations In Natural Disaster Preparation

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    Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

  • Series

    My Favorite Law Prof: How I Learned To Put Law Into Practice

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    Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.

  • What To Consider When Leaving BigLaw To Go Solo

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    Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.

  • Series

    My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • Opinion

    New-Parent Attorneys Need Automatic Litigation Stays

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    To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.

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