Native American

  • November 21, 2024

    Feds Outline Next Steps For Colo. River Basin Agreement

    The U.S. Department of the Interior released five proposed alternatives for the Colorado River's post-2026 operations aimed at ensuring the long-term stability of the drought-stricken Colorado River Basin for the communities and habitats that rely on it. 

  • November 21, 2024

    House Dems Tell Gorsuch To Recuse Over NEPA Case Conflict

    A group of House Democrats has called for U.S. Supreme Court Justice Neil Gorsuch to recuse himself from a dispute over federal environmental review requirements, arguing the court's decision could directly benefit a Colorado billionaire and former client who campaigned for the justice's first judicial appointment.

  • November 20, 2024

    Election Exit Poll On Native Voting Likely Wrong, Groups Say

    An exit poll of Native American voters in this year's presidential election is likely an inaccurate representation of Indigenous communities and perspectives, two nonprofit organizations say, with one group calling for more accurate reporting on issues affecting Indian Country.

  • November 20, 2024

    Arizona Governor Settles Tribal Water Rights Claims

    Two agreements signed by Arizona Gov. Katie Hobbs settled four tribal nations' water rights claims and will help to provide safe drinking water to thousands of Native Americans on reservation lands that depend on the Colorado River Basin System.

  • November 20, 2024

    Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use

    The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.

  • November 20, 2024

    DEA Accused Of Colluding With Reform Foes In Pot Row

    Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.

  • November 20, 2024

    Bill Aimed At Creating Ga.'s First National Park Moves Ahead

    The U.S. Senate Committee on Energy and Natural Resources voted Tuesday to advance a bill that would establish Georgia's first national park, upgrading the ancestral home of the Muscogee (Creek) Nation of Oklahoma from its national monument status while also offering protections for Native American burial mounds.

  • November 19, 2024

    Wash. Tribe Looks To Ax Wildlife Refuge Protection Suit

    A Washington state tribe is looking to dismiss a challenge by three environmental groups to the federal government for failing to protect a national wildlife refuge from an industrial aquaculture operation, arguing that the true purpose of the case is to restrict its members from farming in their historic homeland.

  • November 19, 2024

    Feds Defend BLM Authority In States' Methane Rule Challenge

    The Biden administration has urged a North Dakota federal court to grant it a summary judgment win in five states' lawsuit challenging a new rule aimed at cracking down on natural gas waste, defending the rule's creation as being well within the Bureau of Land Management's statutory authority.

  • November 19, 2024

    Utah Counties, Feds Ask Justices To Restore Rail Oil Project

    Utah counties and the federal government fired back at a Colorado county's attempt to affirm a D.C. Circuit ruling that overturned federal approval of a rail project intended to haul crude oil out of Utah's Uinta Basin, telling the U.S. Supreme Court in separate briefs the county's understanding of the National Environmental Policy Act is incorrect.

  • November 19, 2024

    RFK Stadium Bill Passes Committee, Full Senate Vote Is Next

    A bill that would give the Washington, D.C., city government control over land that could be home to a new stadium for the NFL's Commanders passed overwhelmingly Tuesday morning by the U.S. Senate Energy and Natural Resources Committee, moving it to the full Senate for approval.

  • November 19, 2024

    Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs

    The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.

  • November 18, 2024

    8th Circ. Set For Arguments In Oil Lease Termination Row

    The Eighth Circuit set arguments on Friday for Dec. 18 in an appeal over a North Dakota federal judge's decision to throw out Denver-based Prima Exploration Inc.'s lawsuit alleging the Bureau of Indian Affairs schemed with two rival companies to end its lease on land within the Fort Berthold Reservation.

  • November 18, 2024

    Feds Delay Rule That Hemp Be Tested At DEA-Licensed Labs

    Laboratories certified by the federal government to measure THC concentration in hemp aren't able to meet the demand, the U.S. Department of Agriculture has said, so the agency is allowing growers to once again get their products tested by unregistered labs.

  • November 18, 2024

    Dispute Over Biden Admin Voting Access Order Paused

    A Texas federal district court judge has paused a dispute over an executive order from the Biden administration that promotes easier access to voting after a conservative think tank said President-elect Donald J. Trump is likely to overturn the directive.

  • November 18, 2024

    Neb. Officials Urge Court To Void Medical Pot Legalization

    Nebraska officials are urging a state judge to void ballot measures to legalize and regulate medical marijuana after a decisive majority of voters approved them, saying that reformers' signature-verification methods were critically hampered by malfeasance and fraud.

  • November 15, 2024

    Texas Staffing Co. Sues State Over Minority Contract Program

    An aerospace staffing agency has sued Texas Gov. Greg Abbott and the state's comptroller in federal court over a program that sets aside a certain percentage of contracts for minority-owned businesses, saying the program unfairly prevents the staffing agency from submitting bids because the company doesn't meet racial requirements.

  • November 15, 2024

    GAO Says EPA Must Act On Waste Sites' Climate Risks

    Nearly 70% of the nation's hazardous waste treatment, storage and disposal facilities are vulnerable to climate change impacts such as flooding, wildfires, storm surge and sea level rise, and the U.S. Environmental Protection Agency needs to be more proactive, a new federal report says.

  • November 15, 2024

    FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told

    The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.

  • November 15, 2024

    Wis. Agency Issues Permits To Reroute Enbridge Pipeline

    The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.

  • November 14, 2024

    Trump Picks ND Gov. To Lead Interior Dept.

    President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.

  • November 14, 2024

    Trade Groups Back Red States In EPA Water Rule Dispute

    A slew of trade groups have joined a dozen red states in urging a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring all states in the nation to consider tribal treaty rights when they set their water quality standards.

  • November 14, 2024

    Biden Admin Backs Controversial Alaskan Land Swap, Road

    The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.

  • November 14, 2024

    EPA Expands List of Solvent Risks, Targets Tire Chem Rules

    The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.

  • November 14, 2024

    Cherokee Nation Can't Get Ark. Casino Amendment Blocked

    An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • 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.

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