Native American

  • March 08, 2024

    Direct Pay Regs Would Lift Major Barrier For Energy Projects

    A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements. 

  • March 07, 2024

    11th Circ. Urged To Restore Qui Tam Over Small Biz Contracts

    The U.S. Department of Justice argued Thursday in support of reinstating a qui tam lawsuit against two companies that gained control of a small Florida construction business, telling the Eleventh Circuit that they were not qualified for a government program that awards contracts to firms owned by socially and economically disadvantaged individuals.

  • March 07, 2024

    Feds Look To Douse $48M Washington Ranch Wildfire Claim

    The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.

  • March 07, 2024

    Feds Designate 1.1M Acres Of Habitat For Imperiled Fla. Bat

    In a move conservation groups characterized as much welcomed and long delayed, the U.S. Fish and Wildlife Service has designated about 1.1 million acres in southern and central Florida as critical habitat for the endangered Florida bonneted bat.

  • March 07, 2024

    DOI, Tribe Want More Time To Solve Truckee River Water Row

    A Nevada federal judge has agreed to keep a Pyramid Lake Paiute Tribe suit over Truckee River water diversions on hold for six more months as the tribe and the U.S. Department of the Interior work to resolve their dispute.

  • March 06, 2024

    Federal Lawmakers Want To Protect 172 Acres For Calif. Tribe

    Legislation introduced by two U.S. senators would place 172 acres into trust for a California tribe in an effort to bring its members back to its reservation where they can develop a permanent home.

  • March 06, 2024

    Feds Issue Guidance On Missing, Murdered Indigenous People

    The U.S. departments of Justice and the Interior have responded to a cross-jurisdictional advisory commission's recommendations for combating the crisis of missing and murdered Indigenous people, leading off a lengthy report by addressing law enforcement's "woefully insufficient" funding.

  • March 06, 2024

    Cruz Wants FCC Subsidy System Turned Over To Congress

    Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.

  • March 06, 2024

    Senators Question Cherokee Tribe's Cannabis Co. Launch

    Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.

  • March 06, 2024

    Feds Get More Time To Reply In Fla. Casinos Case

    The U.S. Supreme Court on Wednesday granted the federal government a 30-day extension to reply to two Florida casino operators' petition for a writ of certiorari that seeks to reverse a decision that found a compact allowing online sports betting off tribal lands is lawful.

  • March 06, 2024

    Feds Pledge $72M For Tribes To Close Electrification Gaps

    U.S. Secretary of the Interior Deb Haaland said the Biden administration is awarding $72 million in a first round of funding to help Native American tribes electrify more homes in their communities.

  • March 06, 2024

    Challenge To Pfizer Diversity Program Fails At 2nd Circ.

    The Second Circuit declined Wednesday to revive an advocacy group's suit claiming a Pfizer diversity fellowship unlawfully discriminated against white and Asian workers, ruling the nonprofit had no legal foothold because it wouldn't specifically identify anyone allegedly harmed.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    Utah Sues Feds To Reopen 195 Road Miles In San Rafael Desert

    Utah is suing the U.S. government in a bid to toss a Bureau of Land Management decision to close 195 miles of roads in a San Rafael Desert area known as the Red Rock Wilderness, arguing that the closures don't align with an earlier BLM plan.

  • March 05, 2024

    Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal

    The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.

  • March 05, 2024

    Senate Dem Sees Votes For Broadband Discount Funding

    A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.

  • March 05, 2024

    Dam Removal Delay Would Harm Fish, Wash. Tribe Says

    The Puyallup Tribe of Indians is urging a Washington federal judge to reject a hydroelectric company's bid to pause an order directing it to remove part of a temporary rock dam on the Puyallup River, saying any delay would harm protected salmon only to spare the company from its own self-inflicted problems.

  • March 05, 2024

    8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge

    The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.

  • March 05, 2024

    FERC LNG Approvals Flout Court's Orders, DC Circ. Told

    Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.

  • March 05, 2024

    Feds Say Neb. Tribe's Suit Over Debt Collections Is Untimely

    The U.S. government is asking a Nebraska federal judge to dismiss a time-barred Santee Sioux Nation suit claiming the government has repeatedly tried to collect on an already paid debt related to the depreciation costs of a health and wellness center built 15 years ago.

  • March 04, 2024

    School District Fights NY's Bid To Ax Native Mascot Ban Suit

    A suburban Long Island school district challenging the New York State Board of Regents' ban on using Indigenous names, mascots and logos is pushing back against an anticipated bid to dismiss the suit.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    Feds' Lack Of Payments Hampers Services, Tribal Groups Say

    The National Congress of American Indians and tribes are urging the U.S. Supreme Court to uphold lower court rulings ordering the federal government to reimburse the San Carlos Apache and Northern Arapaho tribes for millions of dollars in administrative costs related to their delivery of health programs.

  • March 01, 2024

    SD Indian Child Advisory Council Bill Awaits Gov.'s Signature

    A South Dakota bill to form an advisory council to confer on the welfare of Native American children in foster care has passed in the state's Legislature and been delivered to Gov. Kristi Noem for her signature, but a key lawmaker doubts that the governor will sign it.

  • March 01, 2024

    Wash. Tribe Asks Judge To Revisit 'Cultural Resources' Ruling

    A tribe is urging a Washington federal judge to reconsider a ruling that it can't pursue millions of dollars of "tribal service loss" claims stemming from Upper Columbia River pollution, saying its claims were misconstrued as "cultural resource damages" that can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

Expert Analysis

  • DC Circ.'s Perchlorate Ruling Means Regulatory Restart

    Author Photo

    The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

    Author Photo

    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • The Road Ahead For EPA's Greenhouse Gas Reduction Efforts

    Author Photo

    Recent U.S. Environmental Protection Agency actions could help the Biden administration's goals of decarbonizing the electricity sector, but they will have to potentially overcome technical, legal and political challenges, says Andrew Shaw at Dentons.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

    Author Photo

    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • What Purdue Ch. 11 Means For Future Of Third-Party Releases

    Author Photo

    The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

    Author Photo

    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • NEPA Reforms May Aid Project Speed, But Red Tape Remains

    Author Photo

    The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.

  • Takeaways From Tribes' High Court Adoption Case Victory

    Author Photo

    The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

    Author Photo

    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Opinion

    Okla. Bill Represents Restorative Justice For Tribal Students

    Author Photo

    Oklahoma law will soon confer Native American students with the right to wear traditional regalia during graduation ceremonies, removing uncertainty for Native American students and providing long-overdue restorative justice in the relationship between tribes and schools, says Bree Black Horse at Kilpatrick.

  • Rethinking In-Office Attendance For Associate Retention

    Author Photo

    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Bid Protest Spotlight: Timeliness, Discovery, Registration Gap

    Author Photo

    In this month's bid protest roundup, Michaela Thornton at MoFo examines recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office that consider the timeliness of a protest filing, discovery beyond the administrative record and a lapse in System for Award Management registration.

  • Sackett's US Waters Redefinition Is A Boon For Developers

    Author Photo

    The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.

  • Opinion

    Despite Its Plan Objections, UST Also Won In Purdue Ch. 11

    Author Photo

    The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

    Author Photo

    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Native American archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!