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Native American
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September 23, 2024
Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge
The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.
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September 23, 2024
What A Harris Administration Would Mean For The Courts
Vice President Kamala Harris, the Democratic presidential nominee, is familiar with the courtroom.
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September 23, 2024
La. Wants EPA Civil Rights Regs Vacated After Court Win
Louisiana is asking a federal judge to revisit an order and amend it to completely vacate U.S. Environmental Protection Agency civil rights regulations, after the judge granted the Pelican State's motion for a permanent injunction within its borders.
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September 20, 2024
Wash. Strikes Deal With Wild Fish Groups To End ESA Row
Two conservation groups have struck an agreement with Washington state to drop a claim that some of its hatchery programs are unlawfully imperiling protected wild salmon on the Lower Columbia River, though the groups will continue to pursue similar claims against Oregon and the National Marine Fisheries Service.
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September 20, 2024
Senate Panel Advances Jamul Indian Village Land Transfer Act
A U.S. Senate panel has moved forward efforts to win passage of the Jamul Indian Village Land Transfer Act, which would place approximately 172 acres of specified lands in San Diego into trust for the benefit of the California tribe.
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September 20, 2024
Healthcare Co. Slams IHS Action On $13M ER Staffing Deal
A healthcare staffing company is challenging in the U.S. Court of Federal Claims a proposed corrective action by the Indian Health Service on a $13.3 million task order for staffing services at the emergency room of the Pine Ridge Hospital in South Dakota.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 20, 2024
Tribe's Stateless Status Undoes $1.9M Construction Suit
A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.
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September 19, 2024
NY Tribe Settles With Lottery Co. Over Gaming On Tribal Land
The Cayuga Nation and New York's licensed mobile lottery provider have reached a settlement in the federally recognized tribe's lawsuit seeking to block the state gaming commission from operating games on tribe's self-proclaimed reservation.
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September 19, 2024
US Argues Court Can't Stop Tribe From Blocking Roads
The U.S. government told a Wisconsin federal judge that a town's lawsuit seeking to stop the Lac du Flambeau Band of Lake Superior Chippewa Indians from barricading roads on tribal land can't be enforced, saying the Native American tribe is immune from the suit.
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September 19, 2024
Gold Mine Operator Agrees To Pay $3M In Water Pollution Row
The operator of the controversial Buckhorn Mountain Gold Mine has agreed to pay more than $3.1 million and take a variety of steps to investigate and remediate water pollution, under a proposed consent decree filed in Washington federal court on Thursday.
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September 18, 2024
Native, Black Groups Ask To Intervene In Voter Rights Suit
Several nonprofit groups supporting Native American and Black voters have joined to intervene in a conservative think tank's lawsuit in Texas federal court that looks to stop a Biden administration executive order promoting easier access to voting.
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September 18, 2024
Wash. Court Won't Ax Testimony In Tribes' River Pollution Suit
A Washington federal judge issued a slew of orders Tuesday refusing to limit expert testimony in the Confederated Tribes of the Colville Reservation's lawsuit against a smelter operator over pollution in the Upper Columbia River, saying the testimony will help the jury make a decision at trial.
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September 18, 2024
Fla. Judge Keeps Tribe's CWA Permitting Power Row On Hold
A Florida federal judge on Wednesday further extended his pause of the Miccosukee Tribe of Indians' lawsuit claiming the U.S. Environmental Protection Agency improperly granted Florida authority over a Clean Water Act permitting program, while the D.C. Circuit considers an appeal in a similar case.
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September 18, 2024
No Rehearing For 10th Circ. Methane Rule Challenge
A Tenth Circuit panel rejected a request to reconsider its decision to throw out a ruling that partially invalidated an Obama-era rule limiting venting, flaring and leaks from oil and gas wells on federal land.
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September 17, 2024
Fla. Should Get CWA Permitting Back, State Tells DC Circ.
Florida should be allowed to keep administering its own Clean Water Act permitting program for dredging, the Sunshine State told the D.C. Circuit in an opening brief that noted the state had successfully run the program for three years, and that taking away its ability to do so calls into question a congressional promise.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Blumenauer Pushes House Speaker To Put Pot Bill To Vote
U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.
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September 17, 2024
Tribes Sue Over Oregon Offshore Wind Farm Leases
The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians have hit the Bureau of Ocean Energy Management with a lawsuit over its approval of lease sales for offshore wind energy development along the southern Oregon coast, arguing that the environmental analysis was insufficient and fails to consider potential impacts on tribal resources, cultural sites and tourism development.
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September 16, 2024
9th Circ. Won't Review Tribal Jurisdiction In Virus Suit
An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
Biden Methane Rule Is Gov't Overstep, ND Judge Rules
The Biden administration can't enforce a rule aimed at curbing methane gas emissions from federally held oil and gas leases in a coalition of Republican-led states led by North Dakota after a federal judge found the states had sufficiently shown the government may have overstepped its authority.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
9th Circ. Ruling Guts Religious Protections, Apaches Say
The U.S. Supreme Court should stop the federal government from handing over a sacred tribal site in Arizona's Tonto National Forest to a copper mining joint venture owned by Rio Tinto and BHP, the San Carlos Apache Tribe argued, saying that the decision could pose an "existential threat" to Native Americans.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
Expert Analysis
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Corporate Legal Strategy Must Consider Risk Of PR Snafus
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.