Native American

  • February 23, 2024

    Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage

    A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.

  • February 23, 2024

    Enviro Orgs. Target Sequoia Forest Restoration Projects

    Several conservation groups are asking a California federal judge to overturn U.S. Forest Service approvals for two post-fire forest restoration projects on parts of the Giant Sequoia National Monument and Sequoia National Forest, claiming they risk harming the sensitive landscapes and making matters worse.

  • February 23, 2024

    Alaska Judge Won't Disturb Oil, Gas Lease Moratorium Order

    An Alaska federal judge rejected bids by the state's development authority to amend or vacate an order upholding a temporary moratorium the Biden administration imposed on an Arctic National Wildlife Refuge Coastal Plain oil and gas program, holding that the case isn't moot after the government canceled its leases.

  • February 22, 2024

    Wash. Tribe Awarded Land Comp Funds After 50-Year Battle

    In a decision the Chinook Indian Nation on Thursday called groundbreaking for other Indigenous communities, the federal government determined that the tribe will receive more than $48,000 from an Indian Claims Commission judgment handed down half a century ago as compensation for the seizure of the tribe's ancestral lands.

  • February 22, 2024

    EPA Puts $5.8B On Tap For Water Infrastructure Projects

    The Biden administration said it's making $5.8 billion available to help pay for water projects around the U.S., steering millions of dollars to states and territories to help overhaul drinking water infrastructure, and wastewater and stormwater systems.

  • February 22, 2024

    Tribal Co., Minn. Agree To Settle Interest Rate Overcharge Row

    Minnesota officials and Montana's Fort Belknap Indian Community have agreed to settle claims that the tribe's economic development corporation engaged in predatory lending practices by charging interest rates up to 800% on loans to thousands of state residents.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    Sports & Betting Group Of The Year: Jenner & Block

    Jenner & Block LLP helps its clients navigate critical moments, including guiding Caesars to victory over a change-skimming lawsuit and engineering a multibillion-dollar sports betting arbitration win for Fox FSG Services in a spat with FanDuel, earning the firm a spot among Law360's 2023 Sports & Betting Groups of the Year.

  • February 21, 2024

    Tribes Say Oil Co. Must Face Tribal Court In $12M Award Fight

    Two Native American tribes have asked a Wyoming district court to block a bid by Merit Energy attempting to stop them from using their tribal judicial system to vacate a $12.6 million arbitration award, saying the company has not yet exhausted all tribal remedies.

  • February 21, 2024

    Alaska Tribes Seek Rights Declaration Over BC Gold Mines

    A consortium of southeast Alaska tribes is asking the Inter-American Commission on Human Rights to hold an investigative hearing and declare that Canada is violating their human rights by considering and approving mines that threaten to pollute cross-border rivers and harm vital salmon fisheries without seeking the tribes' input or consent.

  • February 21, 2024

    9th Circ. Says Federal Coal Lease Ban Case 'Is Moot'

    A Ninth Circuit panel on Wednesday vacated and remanded a district court's ruling that had reinstated a 2016 moratorium on federal coal leasing, with a recommendation that the litigation be dismissed as moot, saying there's no basis to conclude that a challenge to a defunct order is still alive.

  • February 21, 2024

    BIA Must Litigate Mont. Tribes' Trimmed Police Funding Suit

    A federal district judge partially dismissed claims in a lawsuit filed by two Montana tribes seeking to gain $3.8 million in additional police funding for their communities after they alleged the U.S. Department of the Interior kept their law enforcement budget at nearly the same level it was 25 years ago.

  • February 21, 2024

    Tribes, Mich., Feds Refute Great Lakes Fishing Challenge

    Several Native American tribes, the state of Michigan and the federal government have urged the Sixth Circuit to reject a sport fishing group's attempt to sink a tribal fishing pact for parts of lakes Huron, Michigan and Superior, arguing it strikes an appropriate balance between respecting tribal fishing rights and protecting the Great Lakes fisheries.

  • February 21, 2024

    Ga. Urges Judge To Reject DOJ Bid To Join Voting Rights Suit

    Georgia officials want a Peach State federal court to reject the Biden administration's delayed attempt to join a lawsuit alleging a recent state election law discriminates against Black voters, arguing the move is driven by the government's concern about losing its own challenge to the state's voting rules.

  • February 21, 2024

    FCC Considers Adding Missing Persons To Emergency Alerts

    The Federal Communications Commission plans to introduce a new code to the Emergency Alert System to allow information about missing or endangered persons to be widely disseminated.

  • February 20, 2024

    Fond Du Lac Tribe Seeks Sanctions In Mining Land Suit

    The Fond du Lac Band of Lake Superior Chippewa Indians has asked a Minnesota federal judge to sanction PolyMet Mining Inc. in the tribe's suit over a land swap for a copper and nickel mine, arguing that the company and its lawyers are obstructing the discovery process.

  • February 20, 2024

    Groups, Scholars Back Tribes In High Court Healthcare Bid

    A coalition of Native American and Alaskan Native healthcare boards and nonprofits are asking the U.S. Supreme Court to uphold rulings that ordered the federal government to reimburse two tribes millions in administrative healthcare costs, arguing that the obligation is deeply rooted in the trust relationship between the United States and its Indigenous nations.

  • February 20, 2024

    Calif. Tribe Looks To Undo Tobacco Noncompliance Listing

    The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.

  • February 20, 2024

    Fla. Gaming Pact Not Allowed Under Federal Law, Expert Says

    A Miami law school adjunct professor supporting a pair of casinos seeking to undo the Seminole Tribe of Florida's gaming agreement authorizing online sports betting has urged the U.S. Supreme Court to hear the establishments' case or reverse a lower court decision, saying the pact violates the Indian Gaming Regulatory Act.

  • February 20, 2024

    Tribes, Enviro Orgs Can Join Fight Over Tongass Protections

    An Alaska federal judge said a coalition of tribes, conservation groups, fishers and tourism businesses can join litigation to help defend a challenged Biden administration rule that reinstated roadless area protections for some 9 million acres of the vast Tongass National Forest.

  • February 16, 2024

    DOI Announces Final Rule On Class III Indian Gaming

    The U.S. Department of the Interior on Friday announced its final rule on changes to Class III Indian gaming compacts, updating the federal regulation to provide better guidance and transparency for tribes and states to negotiate those agreements under the Indian Gaming and Regulatory Act.

  • February 16, 2024

    Hydro Co. Must Alter, Not Remove, Dam That's Killing Salmon

    A Washington federal judge on Friday said a hydroelectric company must remove part of a rock dam structure killing endangered wild salmon, but the judge declined to order complete removal, saying it went beyond a narrowly tailored remedy zeroing in on what is harming fish.

  • February 16, 2024

    FCC Offers Incentives So Small Carriers Can Use Spectrum

    The Federal Communications Commission's new program to encourage spectrum licensees to divvy up their unused airwaves for sublease to smaller and more rural carriers is now up and running and accepting applications.

  • February 16, 2024

    FERC Rejects Hydro Project Permits Amid Tribal Opposition

    The Federal Energy Regulatory Commission has denied preliminary permits for three proposed hydropower projects on Navajo Nation land in Arizona, saying a recently revised policy clarifying Indigenous rights in the agency's decision-making process and the tribe's overwhelming opposition to the applications swayed the decision.

  • February 16, 2024

    Gov't Wants More Alaskan Native Reps On Subsistence Board

    The U.S. government has plans to strengthen Alaskan Native tribal representation on its Federal Subsistence Board, saying the U.S. Department of the Interior and the U.S. Department of Agriculture have proposed a new rule to add board members with personal experience of subsistence living in rural Alaska.

Expert Analysis

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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