Native American

  • October 18, 2024

    NY County Says Tribe Wants Special Treatment In 911 Row

    New York's Cayuga County has asked a federal court to dismiss the Cayuga Nation's lawsuit accusing it and another county of refusing to forward 911 calls happening on tribal land to the tribe's police department without payment, saying it doesn't owe the tribe special treatment.

  • October 18, 2024

    States, Public Health Groups Defend EPA Power Plant Rule

    A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.

  • October 18, 2024

    US Treasury Awards $500M To Boost Small Tribal Businesses

    The U.S. Department of the Treasury wrapped up its approvals of $500 million in applications from tribal nations, marking the largest federal investment in Indian Country in the nation's history in Native American-owned small businesses that is expected to yield as much as $5 billion in additional financing support.

  • October 18, 2024

    Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told

    The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.

  • October 17, 2024

    Tulsa Massacre Survivors Want Accountability In DOJ Review

    The federal government, in its first probe into one of the deadliest episodes of mass racial violence in the country's history that came during a period of Black affluence in an Indian Country community, is asking the public to come forward with more information that can help its review.

  • October 17, 2024

    Supreme Court Signals Skepticism On Staying Federal Rules

    A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.

  • October 17, 2024

    FERC Adds Tribal Protections To Transmission Siting Rule

    The Federal Energy Regulatory Commission unanimously finalized its rule updating how the agency plans to carry out its limited authority over siting transmission lines during its monthly meeting on Thursday.

  • October 17, 2024

    BIA Says Officer's Evals, Report Off Limits In Liability Dispute

    The Bureau of Indian Affairs says a Northern Cheyenne woman who was sexually assaulted by one of its former officers isn't entitled to his psychological evaluation or criminal presentencing report, arguing that the information is protected under state and federal law in the dispute over the federal agency's liability.

  • October 16, 2024

    Colo. Says Tribes' Sports Betting Concerns Too 'Theoretical'

    Colorado Gov. Jared Polis has urged a federal judge to toss a lawsuit brought by two Native American tribes alleging the state can't regulate their online sports betting activities, arguing the tribes' concerns are "purely theoretical" because they currently don't have betting enterprises.

  • October 16, 2024

    Rule Will Boost Alaskan Native Reps On Subsistence Board

    The federal government on Wednesday announced a final rule that will strengthen Alaskan Indigenous representation on the Federal Subsistence Board by, for the first time, adding members nominated by the tribes that will be impacted by the board's decisions on the state's land and waters.

  • October 16, 2024

    5th Circ. Pauses Block Of Texas Election Law

    The Fifth Circuit on Tuesday pressed pause on a San Antonio judge's order blocking part of a controversial Texas election law, writing that a change in law less than three weeks before voters will cast their ballots will cause undue confusion during the election.

  • October 16, 2024

    NY State Judge Says He's Immune In Tribe's Eviction Suit

    A New York state judge has urged a federal court to throw out a Cayuga Nation lawsuit accusing him of interfering with the tribe's sovereign authority as it looks to evict two tribal members from properties on reservation land, saying he is immune from the suit.

  • October 16, 2024

    Draft Of Recognition Rule Nearly Set For Review, Court Told

    A draft of an Interior Department's final rule on federal recognition for Native American tribes is expected to land before the Office of Information and Regulatory Affairs no later than Nov. 15, Secretary Deb Haaland told a D.C. federal court.

  • October 16, 2024

    DC Circ. Urged To Let Feds Fix Pipeline Safety Rules

    A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.

  • October 16, 2024

    2023 Minority Law Grads Are Still Finding Jobs At Lower Rates

    Law school graduates of color from the class of 2023 continue to find employment at lower rates than their white peers despite a red-hot job market, according to a report released Wednesday.

  • October 15, 2024

    Tribes, Backers Urge Justices To Take On Oak Flat Dispute

    Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.

  • October 15, 2024

    Navajo President Asks Vice President To Resign From Office

    Navajo Nation President Buu Nygren has asked Vice President Richelle Montoya to resign from her position, arguing that her efforts backing a recent petition led by the tribe's former human resources director to recall him from office is the second-in-command's "formal break" from his administration.

  • October 15, 2024

    Standing Rock Sioux Ask Court To Shut Down Dakota Pipeline

    The Standing Rock Sioux Tribe is asking a federal court to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing its latest emergency response plan fails to include a realistic calculation of a worst-case scenario liquid discharge.

  • October 15, 2024

    Motley Rice May Avoid DQ In Boston Opioid Case, Judge Hints

    A Massachusetts federal judge on Tuesday appeared skeptical of a bid by pharmacy benefit manager OptumRX to disqualify Motley Rice LLC from representing the city of Boston in a lawsuit over the company's alleged role in the opioid crisis.

  • October 15, 2024

    EPA Says GHG Power Plant Rule Is In 'Heartland' Of Authority

    The U.S. Environmental Protection Agency is urging the D.C. Circuit to approve its plan to control greenhouse gas emissions from power plants, saying its prescribed methods for controlling releases are legally sound, effective, reliable and reasonably affordable for the facilities that must implement them.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 11, 2024

    11th Circ. Reinstates, Remands Alabama Burial Ground Fight

    An Eleventh Circuit panel on Friday vacated and remanded a lower court's order in a fight between two Alabama tribes over a sacred burial site, saying it failed to review the litigation's sovereign immunity issues on a claim-by-claim basis.

  • October 11, 2024

    Tribes, Enviro Orgs. Can Defend EPA In Pebble Mine Row

    A federal judge in Alaska has allowed a slew of environmental groups and Alaskan tribes to defend the U.S. Environmental Protection Agency's decision to block the planned creation of the controversial Pebble Mine, saying they made a convincing argument that intervention is warranted.

  • October 11, 2024

    Wash. Tribal Panel Upholds Eviction Ruling Against Families

    An appeals court for Washington state's Nooksack Indian Tribe has declined to reconsider a ruling that would evict a group of families claiming title under a federal homeownership program.

Expert Analysis

  • Series

    Rock Climbing Makes Me A Better Lawyer

    Author Photo

    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

    Author Photo

    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Series

    Being A Luthier Makes Me A Better Lawyer

    Author Photo

    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

    Author Photo

    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

    Author Photo

    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Opinion

    High Court Made Profound Mistake In Tossing Purdue Deal

    Author Photo

    The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

    Author Photo

    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

    Author Photo

    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

    Author Photo

    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FERC Rule Is A Big Step Forward For Transmission Planning

    Author Photo

    The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

    Author Photo

    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

    Author Photo

    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 2 Options For Sackler Family After High Court Purdue Ruling

    Author Photo

    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

  • In Memoriam: The Modern Administrative State

    Author Photo

    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

    Author Photo

    Agency interpretations of Indian law statutes that previously stood the test of judicial review ​are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.

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!