Native American

  • June 17, 2024

    BNSF Owes Wash. Tribe $400M For Oil Shipping Trespass

    BNSF Railway Co. must pay a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, a federal judge in Seattle ruled Monday.

  • June 17, 2024

    High Court Won't Hear Florida Gaming Compact Dispute

    The U.S. Supreme Court declined Monday to take up two casino operators' petition to overturn a sports gaming compact between the state of Florida and the Seminole Tribe that allows for online betting off tribal lands.

  • June 14, 2024

    Utah Gov. And Land Trust Beat Tribe's Bidding Suit, For Now

    A federal judge dismissed claims against Utah Gov. Spencer Cox, several state officials and its trust lands administration in a tribe's challenge accusing them of spinning a racist bidding scheme to prevent it from winning a land auction to purchase land just outside its reservation.

  • June 14, 2024

    Makah Tribe Can Resume Hunting Gray Whales

    The Makah Tribe can go back to its long-standing cultural practice of hunting gray whales off the coast of Washington now that the National Oceanic and Atmospheric Administration has authorized it to resume ceremonial and subsistence hunting in line with its treaty rights.

  • June 14, 2024

    Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution

    The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.

  • June 14, 2024

    Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant

    The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.

  • June 13, 2024

    Tribal Casino Tells 7th Circ. Ill. City Rigged Proposal Votes

    A proposed tribal casino has asked the Seventh Circuit to undo a lower court ruling that found Waukegan, Ill., did not intentionally discriminate against it when the city chose three other competitors to operate casinos, saying the city ran a rigged review process.

  • June 13, 2024

    Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade

    An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.

  • June 13, 2024

    Tribes Fight BC's Consultation Policy On Aboriginal Rights

    Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.

  • June 12, 2024

    ND Lawmakers Want In On Voting Rights Suit, 8th Circ. Told

    The North Dakota Legislative Assembly is asking the Eighth Circuit to reverse a lower court's order that denied its intervention in a bid to redraw the state's 2021 redistricting maps, arguing that two tribes' adopted voting map should be vacated and the lawmakers should be afforded a chance to come up with a remedial plan.

  • June 12, 2024

    Tribes Say Court Must Examine Spill Risks In Gold Mine Row

    Half a dozen tribes that oppose a large open-pit gold mine along the Kuskokwim River in southwest Alaska have urged a federal judge to vacate a U.S. Army Corps of Engineers authorization for the project, saying the government has wrongly interpreted environmental concerns.

  • June 12, 2024

    Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say

    Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.

  • June 12, 2024

    EPA Tells DC Circ. Emissions Rules Should Stay In Place

    The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.

  • June 11, 2024

    Ariz. Wants To Oppose Its Legislature In Monument Lawsuit

    The state of Arizona wants to intervene in a lawsuit by its Republican House and Senate lawmakers that challenges President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument, arguing that the legislative body lacks authority to assert those claims in federal district court.

  • June 11, 2024

    Army's Claims In Burial Dispute 'Unconscionable,' Tribe Says

    A Nebraska tribe seeking to repatriate the remains of two boys from an Indian boarding school cemetery in Pennsylvania has said the U.S. Army's claims that it is exempt from a federal law designed to protect Native American burial sites are "unconscionable."

  • June 11, 2024

    Watchdog Says EPA's Lead Exposure Notice Program Lagging

    The U.S. Environmental Protection Agency is not on track to roll out a public warning system for exposure to lead in drinking water by an October deadline, the EPA's internal watchdog said in a new report.

  • June 11, 2024

    Federal Judgeships To Open In Pennsylvania And New Mexico

    Federal district judge seats in Pennsylvania and New Mexico will open early next year, as two appointees of former President George W. Bush have said they will step down.

  • June 11, 2024

    Singleton Schreiber Adds Tribal And Environmental Law Pro

    Robert O. Saunooke, a citizen of the Eastern Band of Cherokee Indians and previously a solo practitioner, has spent the past 30 years representing the underdog, working pro bono in almost every area of tribal law to protect the rights of Native American tribes across the country.

  • June 11, 2024

    GRSM50 Adds Labor And Employment Pro In San Diego

    Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.

  • June 10, 2024

    IHS Urges Budget Shift After High Court Healthcare Ruling

    The Indian Health Service, following a divided U.S. Supreme Court decision affirming that the federal government is liable for the reimbursement of millions in administrative healthcare costs for two Native American tribes, is urging Congress to shift its budget appropriations for fiscal year 2026 to protect the agency's overall health.

  • June 10, 2024

    9th Circ. Says Choctaw's Dispute With CVS Must Be Arbitrated

    A Ninth Circuit panel forced the Choctaw Nation to arbitrate a dispute over prescription drug reimbursement with CVS Health Corp. subsidiaries, affirming an Arizona federal judge's order in a published opinion Monday.

  • June 10, 2024

    FCC Urged To Add Missing Persons Code For Tribes

    Tribal leaders urged the Federal Communications Commission to consider adding a missing persons code specific to Indigenous people as it upgrades the Emergency Alert System.

  • June 10, 2024

    Co. Says 16 Intervenors Will Drag Out Alaska Mine Dispute

    A company seeking relief from a U.S. Environmental Protection Agency decision to block a mining proposal for a stretch of pristine salmon habitat on Alaska's Bristol Bay asked a federal judge to exclude more than a dozen environmental groups from joining the case.

  • June 10, 2024

    Justices Want Feds To Weigh In On ND Voting Dispute

    The U.S. Supreme Court on Monday invited the federal government to weigh in on a voting rights dispute in which two local North Dakota Republican officials seek to block newly created voting subdistricts for Native Americans after Secretary of State Michael Howe reversed course in the litigation.

  • June 10, 2024

    High Court Won't Review FCC's Universal Service Fund

    The U.S. Supreme Court declined Monday to review whether the country's fee-based telecom subsidy system unlawfully delegates taxing powers from Congress to the Federal Communications Commission and a privately run administrator.

Expert Analysis

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How IRA Unlocks Green Energy Investments For Tribes

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    An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.

  • What Nevada 'Superbasin' Ruling Means For Water Users

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    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

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    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

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    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

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