Native American

  • June 05, 2020

    Groups Tilt Over Alaska Native Cos.' Part In COVID Funding

    The National Congress of American Indians and other groups have told a D.C. federal judge that Alaska Native corporations are not tribal governments entitled to share a pot of COVID-19 relief funds, while the Alaska Federation of Natives said the companies deserve part of the money to support their work for Alaska Natives during the pandemic.

  • June 05, 2020

    Senate Approves Navajo Utah Water Rights Bill

    The U.S. Senate has passed legislation to settle years of negotiations between the Navajo Nation, the federal government and Utah over water rights for the tribe, Sen. Mitt Romney, R-Utah, announced.

  • June 05, 2020

    Okla. High Court Urged To Settle Tribal Gaming Deal Dispute

    Oklahoma's legislative leaders urged the state's Supreme Court to weigh in on a dispute over whether Gov. Kevin Stitt overstepped his authority when he renegotiated gambling compacts with two Native American tribes to allow sports gambling.

  • June 05, 2020

    Trump Lifts Obama's Fishing Restrictions In Marine Monument

    President Donald Trump on Friday rescinded a fishing ban in a New England marine monument established by former President Barack Obama and also threatened to put a tariff on cars imported from Europe and other goods from China if they don't drop tariffs on U.S. lobsters.

  • June 04, 2020

    Trump Signs Executive Order To Speed Up Project Approvals

    President Donald Trump signed an executive order Thursday instructing agency heads to use "emergency authorities" to sidestep environmental laws and quickly approve major projects like highways, saying the COVID-19 pandemic created a situation that required quick action to stimulate economic growth.

  • June 04, 2020

    4 Highlights As CDC Chief Eyes Perilous Path For Pandemic

    The director of the Centers for Disease Control and Prevention on Thursday warned of "serious problems" with lax social distancing, predicted a one-two punch of seasonal flu and COVID-19, and discussed new regulatory duties tied to the pandemic's toll on African Americans and Native Americans. Here are four highlights from a congressional hearing.

  • June 04, 2020

    Ariz. Utility Asks High Court Not To Revive Navajo Coal Case

    An environmental challenge to a coal-fired power plant on Navajo land shouldn't be taken up by the Supreme Court because two lower courts were right to dismiss the case based on the tribe's sovereign immunity, Arizona's largest utility said Thursday.

  • June 04, 2020

    Coronavirus Litigation: The Week In Review

    Inovio Pharmaceuticals says one of its suppliers is "holding hostage" the development of its COVID-19 vaccine, Amazon workers have accused the company of failing to follow laws and health guidelines at a New York fulfillment center, and a lawsuit comparing Massachusetts' governor to King George III challenges his decision to close businesses during the pandemic.

  • June 04, 2020

    Feds, Guam Reach Deal In Suit Over Chamorro Housing Law

    The U.S. Department of Justice said Thursday it reached a deal with Guam to settle the government's suit claiming the territory's restriction of certain residential leases to "native Chamorros" violated federal housing law.

  • June 04, 2020

    EPA Proposes New Clean Air Act Cost-Benefit Process

    The U.S. Environmental Protection Agency on Thursday proposed a new rule that for the first time would establish "best practices" for how costs and benefits are used in Clean Air Act rulemakings and would sideline a popular benefits accounting method favored by the Obama administration.

  • June 04, 2020

    Kids Say 6th Circ. Flint Ruling Supports Their Climate Case

    The kids suing the federal government for endangering their future by failing to curb climate change have told the Ninth Circuit that a Sixth Circuit ruling that Michigan officials must face Flint water crisis claims bolsters their effort to revive their own case.

  • June 04, 2020

    Alaska Agency Rejects Native Hospital's Ask To Block Fishing

    An Alaska Native health corporation's human rights complaint decrying a potential COVID-19 outbreak in Bristol Bay and seeking to block seasonal commercial fishing lacks jurisdiction and will be rejected as drafted, the state's human rights commission has said.

  • June 03, 2020

    Opioid MDL Judge Orders More Briefing On $3B Atty Fees

    An Ohio federal judge overseeing sprawling opioid multidistrict litigation adopted the recommendation of a Harvard Law School professor that more information is needed before he can approve a request for a common benefit fund setting aside $3.3 billion in attorney fees.

  • June 03, 2020

    Treasury Blames Tribes' Data Problems For COVID Fund Delay

    The Treasury Department expects to take an additional week past its planned date to begin sending $3.2 billion in COVID-19-related funding to tribal governments, telling a D.C. federal judge Wednesday it needs the extra time because hundreds of tribes have not submitted the right data to receive the much-delayed money.

  • June 03, 2020

    2nd Circ. Affirms Pair's $2B Payday Loan Scheme Convictions

    The Second Circuit unanimously upheld the convictions of attorney Timothy Muir and his client, former racing driver Scott Tucker, for their roles in a $2 billion payday loan scheme, rejecting on Tuesday a tribal sovereignty defense that failed at trial.

  • June 03, 2020

    EPA Must Update Oil Spill Response Plans Under CWA Rules

    Updating old protocols governing oil spill response methods is not optional for the U.S. Environmental Protection Agency, a California federal court said Tuesday in refusing to dismiss claims the EPA is shirking that responsibility.

  • June 03, 2020

    Feds Want Out Of NextEra Kan. Wind Farm Suit

    The federal government has moved to ax claims against it in a proposed class action that aims to halt construction of a NextEra Energy Inc. wind farm in Kansas and alleges the project lacks proper review of its potential to harm a local tribe and rural agricultural community.

  • June 03, 2020

    5 Environmental Regulations To Watch For This Summer

    The Trump administration has completed some of its top deregulatory efforts, weakening environmental rules for power plants, cars and waterways. But the administration is racing to beat a statutory deadline after which Democrats can undo final rules if they sweep the November elections.

  • June 03, 2020

    Feds Order Texas Man To Stop Peddling Coronavirus 'Cures'

    A man in Texas was hit by federal authorities this week with a temporary restraining order demanding that he stop selling what he advertised as cures for COVID-19 through his website.

  • June 02, 2020

    DHS Can Exempt Immigration Programs From Enviro Review

    The U.S. Department of Homeland Security can exclude certain immigration policies from review over environmental harm after a California federal judge ruled that the exemption doesn't lead to higher immigration numbers, let alone population-driven ecological degradation.

  • June 02, 2020

    3 Takeaways From The EPA's New Water Permit Rule

    The U.S. Environmental Protection Agency this week ended years of deference to state and tribal governments to enforce Clean Water Act requirements on pipeline projects that cut through their jurisdictions, in a bid to deliver more regulatory certainty to developers, but the landmark change is far from cemented as it likely will face tough challenges in court.

  • June 02, 2020

    Activists Block Land Swap Intended For Alaskan Refuge Road

    The Trump administration cannot proceed with a planned land exchange that would allow an isolated Aleutian community to construct a road through Alaska's Izembek National Wildlife Refuge, a federal judge has said, in a win for environmental groups.

  • June 02, 2020

    Groups Support Review Of 9th Circ. Ariz. Voting Regs Ruling

    More than a dozen groups have urged the U.S. Supreme Court to review a Ninth Circuit majority's ruling in favor of the Democratic National Committee that found two Arizona voting regulations to be discriminatory. 

  • June 02, 2020

    Fla. Judge Begrudgingly Tosses Kids' Climate Suit

    A Florida judge has reluctantly dismissed a group of young people's suit accusing local officials of violating their state constitutional rights to a safe environment by promoting fossil fuel use despite knowing its climate change impacts, ruling from the bench that it isn't the court's place to legislate.

  • June 02, 2020

    Feds, Industry Oppose Bid To Block Trump's Water Rule

    The federal government, business groups and a coalition of states have said the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction was a reasonable move that shouldn't be halted just because some states like California disagree with the result.

Expert Analysis

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

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    The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.

  • 3 Ways Leaders Can Improve Remote Work For Lawyers

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    Remote working doesn’t work when people feel they must apologize for or hide it, and lawyers often feel that way — even in unavoidable, disaster-related scenarios like we see with the pandemic today, says David Pierce at Axiom.

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