Native American

  • November 25, 2020

    Kansas Can't Block DOI's OK Of Gambling On Tribe's Land

    A Kansas federal judge has rejected a bid by the state and the Iowa Tribe of Kansas and Nebraska to block a U.S. Department of the Interior decision to allow gambling on Wyandotte Nation of Oklahoma trust land, saying they hadn't shown the agency improperly relied on an earlier court ruling.

  • November 25, 2020

    Pebble Mine's Future Dims As Key Permit Is Denied

    The Army Corps of Engineers on Wednesday said it will not approve a critical water permit for a controversial gold and copper mine in Alaska, saying the project's environmental harms are too great, even considering the estimated economic benefits.

  • November 25, 2020

    Trump Says DOJ Can Stop Enviro Project Settlements

    The Trump administration told a Massachusetts federal court that it had the discretion to reach settlements as it saw fit, pushing to end a suit by environmental advocates that said the U.S. Department of Justice's policy banning environmental improvement projects in enforcement settlements is unlawful.

  • November 25, 2020

    SD Tribal Leaders 'Fighting For Survival' Urge State Mask Rule

    Tribal leaders and health experts in South Dakota are imploring Gov. Kristi Noem and the state Legislature to institute a statewide mask mandate and follow the example of local tribes as the coronavirus wreaks havoc across the Great Plains.

  • November 25, 2020

    2nd Circ. Affirms Tribal Land Win For Oneida Indian Nation

    The Second Circuit has affirmed a lower court's ruling in favor of the Oneida Indian Nation of central New York, agreeing that a member of the tribe unlawfully claimed 19.6 acres of land as a trust for himself and his family.

  • November 25, 2020

    Michigan Reaches Deal With Tribe Over Casino Land Fight

    The state of Michigan and a Native American tribe have agreed to toss a Michigan federal court suit over a proposed casino on land bought with trust funds, saying the deal ends a decadelong court battle that threatened to go on for at least several more years.

  • November 24, 2020

    States, Cities Seek Demise Of Trump's Narrowed Water Rule

    A group of states on Monday asked a federal judge to scrap the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction, saying the government failed to study how excluding many previously protected waters would harm water quality and step on states' rights.

  • November 24, 2020

    Divided DC Circ. Denies Tribes' Bid To Halt Border Wall

    A divided D.C. Circuit panel refused to halt construction of President Donald Trump's border wall on Monday, overriding claims from Native American groups that the project is irreversibly destroying significant archeological sites, in violation of federal law.

  • November 24, 2020

    Sierra Club Files DC Circ. Challenge To EPA Coal Ash Rule

    The Sierra Club and other environmental groups on Tuesday filed a D.C. Circuit challenge against the U.S. Environmental Protection Agency's rule that advocates say improperly extends the life of unlined coal ash ponds operated by electric utilities.

  • November 24, 2020

    Colo. Enacts Stricter Rules For Oil And Gas Drillers

    Colorado oil and gas regulators on Monday adopted an overhaul of drilling rules to require greater consideration of public health and environmental impacts, including drilling further away from homes and schools and limiting venting and flaring from gas wells.

  • November 24, 2020

    DOI Wins Toss Of Navajo Casino Road Suit

    An Arizona federal judge has tossed a case claiming the Navajo Nation was not given enough time to challenge the Department of the Interior's decision to approve trust land for the Hopi Tribe that included the only public access to a Navajo casino.

  • November 24, 2020

    HHS Says It's Working With Biden, Touts AstraZeneca Vaccine

    After appearing to hedge last week on the potential of a Joe Biden transition, the head of the U.S. Department of Health and Human Services said Tuesday that he's working with the president-elect's team and that the agency has high hopes for one of AstraZeneca's coronavirus vaccine candidates.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Trump Admin. Tells 9th Circ. Alaska Land Swap Is Valid

    The Trump administration has told the Ninth Circuit that it properly weighed public health concerns when it approved a land transfer that could allow an isolated Native community to build a road through a wildlife refuge, despite the Obama administration's concern about the project's environmental impact.

  • November 23, 2020

    DC Circ. Mulls Gov't Power In Rancher Fight Over Tribal Water

    The D.C. Circuit is set to decide if a group of Oregon ranchers can challenge the U.S. Bureau of Indian Affairs' enforcement of tribal water rights in their area, and the case may come down to whether the panel is convinced that the government must co-sign tribal calls for enforcement.

  • November 23, 2020

    Okla. Tribes, US Attys To Tackle Cold Native Murder Cases

    Oklahoma U.S. attorneys and tribal leaders of the Muscogee (Creek) and Cherokee nations have launched a pilot project to help crack cold cases of missing and murdered Indigenous people, saying on Monday that the plan depends on collaboration between tribes and law enforcement.

  • November 23, 2020

    Lawmakers Urge FCC To Initiate 'Rip And Replace' Effort

    A bipartisan pair of U.S. House members urged the FCC on Monday to start rolling out a congressionally mandated plan to pay internet providers for the replacement of network equipment that could pose national security risks.

  • November 23, 2020

    Harm Of Proposed DAPL Shutdown Too Great, ND Says

    The state of North Dakota on Friday urged a D.C. federal judge not to shut down the Dakota Access Pipeline during a court-ordered environmental review, saying that doing so would harm the state by drastically cutting tax revenues.

  • November 23, 2020

    Biden Names John Kerry To New Climate Envoy Position

    President-elect Joe Biden on Monday made clear his commitment to tackling climate change, saying he'll name former Secretary of State John Kerry as a special White House climate envoy, a position that also features a seat on the National Security Council.

  • November 20, 2020

    Winnemucca Sues Feds For $208M Over Tribal Recognition

    The Winnemucca Indian Colony says the federal government's refusal to recognize the tribe's government led to unlawful occupation of its lands by nontribal members, telling the U.S. Court of Federal Claims that it's owed about $208 million in monetary damages.

  • November 20, 2020

    Fla. Judge Says Attys On 'Thin Ice' After FCRA Claims

    A Florida federal judge issued a stern warning in lieu of sanctions Friday to two attorneys who lender BlueChip Financial and its CEO claimed had pursued frivolous Fair Credit Reporting Act violation claims against them, cautioning the lawyers that they were "on thin ice."

  • November 20, 2020

    FCC's Starks Urges Internet Access Equality Amid Pandemic

    Democratic Federal Communications Commissioner Geoffrey Starks is pressing his colleagues to do more to expand broadband access to minority and other marginalized communities during the COVID-19 pandemic, emphasizing that the public health crisis' disproportionate impact on those groups has also highlighted significant service gaps.

  • November 20, 2020

    Emergency Hunts Due To COVID-19 Can Continue In Alaska

    The state of Alaska cannot block emergency hunts for moose and deer granted to a tribal community to address food shortages stemming from COVID-19 restrictions, an Alaska federal judge has ruled.

  • November 20, 2020

    High Court To Hear Case On Tribal Police Power

    The U.S. Supreme Court on Friday agreed to take up the federal government's bid to overturn a Ninth Circuit decision that approved the suppression of evidence that a Crow tribal police officer obtained during a 2016 traffic stop.

  • November 19, 2020

    Alaska Lawmakers Tell Justices Native Cos. Need Virus Money

    Alaska's members of Congress have urged the U.S. Supreme Court to overturn a D.C. Circuit ruling that Alaska Native corporations don't qualify for a share of $8 billion in COVID-19 relief, saying an appeals panel "superimposed the Lower 48 model of Indian tribe on Alaska" and denying funding during the pandemic threatens Alaska Natives' health.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Opinion

    Dakota Pipeline Challenge Undermines Permitting Process

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    If Standing Rock Sioux Tribe v. Army Corps of Engineers succeeds at challenging the Dakota Access Pipeline's environmental permitting more than three years after it came online, other infrastructure projects might also face legal battles long after they are built, says David Hill at the Columbia University Center on Global Energy Policy.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

  • Rulings Show Limits Of Federal Agency Vacancy Law

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    Recent court decisions applying the Federal Vacancies Reform Act to invalidate improper presidential appointments of acting federal agency heads have had little evident impact, highlighting shortcomings in the law that could become more acute if the presidency and Senate are controlled by different parties, says Steven Gordon at Holland & Knight.

  • Suspension and Debarment: FY 2020 By The Numbers

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    Data from the System for Award Management shows that the year-over-year decline in federal suspension and debarment activity continues, while other trends are more difficult to spot given the effects of the pandemic, say attorneys at Jenner & Block.

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